These Terms and Conditions (the “Terms”, “Agreement”) describe the terms applicable to your Wedding Ceremony Contract (together with these Terms referred to as “The Agreement”) and your use of the wedding officiating services to be provided by Enduring Promises Inc. (“Enduring Promises”, “us”, “we”, “EP”, “EPI”, “our”, “the Officiant”, “the Company”). The term “you”, “your”, “client(s)” or “couple” refers to the bride and groom listed on the Wedding Ceremony Contract. By signing the Wedding Ceremony Contract, you signify your acceptance of these Terms.
These Terms constitutes the whole of the agreement between the parties and supersedes all prior negotiations, representations or agreements. No act or failure to act shall constitute a waiver of any right or duty under the Agreement nor constitute an approval of or acquiescence in any breach of this Agreement unless expressly agreed to in writing by the parties.
In the event of any conflict between the provisions of these Terms and those of the Wedding Ceremony Contract, the provisions of the Wedding Ceremony Contract shall take precedence.
In the event that for any reason, any provision in these Terms and Conditions is held to be void, unenforceable or otherwise invalid, all the other provisions of these Terms and Conditions, and the remainder of any provision where the effect of some part of it is held to be void, unenforceable or otherwise invalid, shall remain fully effective. The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
By accepting this Agreement, you confirm that you are at least 18 years old (or the age of majority where you reside, whichever is older) and that you are able to form a legally binding contract. If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that company or legal entity by the terms of this Agreement.
Couples understand that it’s their responsibility to obtain a valid Marriage License in the jurisdiction where the wedding ceremony will take place. Couples also understand that the Marriage License must be available at the wedding venue before the start time of the Ceremony. Couples further understand that failure to have their Marriage License present at the start of their ceremony, means that the wedding Officiant cannot legally perform their ceremony. The Officiant, after discussion with the couple, may at his/her discretion perform a “symbolic ceremony”, but this “event” will not be legally binding and the couple will not be legally married. In such cases, the Total Wedding Fee will not be refunded. In order to sign, witness and legalize the marriage an additional meeting, at a mutually convenient time and location, will need to be scheduled with the couple and their two witnesses (both of whom must have attended the wedding). The fee for this additional meeting is $100 (plus HST). Your legal wedding date will then be the date when the Marriage License is signed and witnessed.
We will provide a wedding Officiant, to help create and execute the ceremony you have created. In addition, we will provide access to our online Console and Resources if you book our “Personalized Wedding Ceremony” package (not our “Elopement Ceremony” or “Renewal of Vows Ceremony” package).
Following your ceremony, the Officiant will forward your Marriage License to the Office of the Registrar General for registration. Your Officiant will be available to answer any questions that may arise leading up to and following your wedding ceremony. S/he will also be available to answer any questions regarding your Marriage License or your application to obtain a Marriage Certificate.
Enduring Promises has established written procedures outlining it’s backup policy to protect couples in cases of emergency when the original Officiant is unable to perform their wedding ceremony.
The Officiant will make every attempt to notify the couple (by phone, email or text) to inform them of the reason s/he will not be available to officiate their ceremony. The Officiant will also immediately inform the Enduring Promises’ office. The company will then contact the Backup Officiant who will travel to the venue to officiate the ceremony created by the couple.
The couple fully understands and agrees that the Officiant and/or Backup Officiant shall not be responsible or held liable in the event that the Officiant is prohibited from performing the couple’s ceremony due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God or any other unforeseen incapacitation.
The original start time of the ceremony may be delayed, but EP guarantees to send a Backup Officiant to arrive at the ceremony venue as soon as possible to the original Start Time of the Ceremony as outlined in the Wedding Ceremony Contract.
Delay and Limitation of Liability:
Couples agree that in all circumstances Enduring Promises, its agents, sub-contractors and employees, and its assigns or any person affiliated with Enduring Promises Inc. shall not be held liable for any compensation or damages (including punitive damages) due to non-performance of the wedding ceremony resulting from such incapacitations, non-arrival, errors and/or omissions of any type. The couple also agree that Enduring Promises, its agents, sub-contractors and employees, and its assigns or any person affiliated with Enduring Promises Inc. shall not be liable for any special, indirect or consequential damages arising from any delay or breach of the Agreement by us, including without limitation, additional costs incurred with respect to your wedding venue, DJs, musicians, photographers, videographers, caterers, venue, or other wedding service providers.
Couples furthermore acknowledge that the Officiant and Enduring Promises, its agents, sub-contractors and employees and its assigns or any person affiliated with Enduring Promises Inc. are hereby saved harmless from any liability whatsoever if the wedding ceremony cannot be completed as scheduled due to a delay caused in whole or in part by the couple. Couples also agree that the provisions of this paragraph shall survive the termination or expiration of the Agreement, however caused, without limitation.
I/We understand, agree, acknowledge and consent to the fact that in the course of our wedding ceremony, I/We may appear or be involved in photographs, video recording, audio, or other image technology (collectively, “Recordings”), and I/We may not be aware of such Recordings and that such Recordings may be used by EPI in promotional and other activities as described below.
We hereby authorize and give our full consent to EPI and its assigns, successors, officers, directors, employees, agents and representatives to use my/our name(s) and likeness/image and the Digital Image in all forms and media for the purposes of publicity, advertising and promotion. We hereby assign all rights in the Digital Image to EPI and hereby waive all rights in and to the Digital Image.
We expressly release EPI and its assigns, successors, officers, directors, employees, agents and representatives from any and all claims and demands arising out of or in connection with any such use of the Digital Image including, without limitation, and all claims for invasion of privacy, infringement of my right of publicity, defamation (including libel and slander), or any other cause of action arising out of the publication, distribution, broadcast, exhibition or other exploitation of the Digital Image.
We give this release voluntarily, with full understanding of its contents and with the knowledge that EPI is relying on the foregoing. If the Digital Image is of a minor for whom we have responsibility as parent/guardian we hereby acknowledge and confirm that we have authority to execute this release on behalf of the minor.
Postponement and/or Change of Date and/or Time:
Should the Date and/or Start Time of your Wedding Ceremony, as defined in the Wedding Ceremony Contract be rescheduled, Enduring Promises agrees to change the Date and/or Time of your Ceremony, for a maximum of twelve (12) months from the original Date of the Ceremony. However, there is no guarantee that the same Officiant will be available for your new date and time. If your original Officiant is not available on your new date and/or time, EP will arrange for a new Officiant to conduct your wedding ceremony at the new date and time. The fee for arranging a new Officiant is $100.00 (plus HST).
The fee to postpone your wedding ceremony is $100.00 (plus HST). This Postponement Fee (PF) is due within fourteen (14) days of the written notice to postpone. If the PF is not received by EP within fourteen (14) days of the written notice, any deposit received from the couple will be forfeited. In this case, the Wedding Ceremony Contract will become null and void on the original date of your Wedding Ceremony.
In the case of a postponement or rescheduling of a ceremony, Enduring Promises will retain the deposit as a credit towards the Total Wedding Fee. If your wedding ceremony is not completed within twelve (12) months of the original date of your ceremony, the deposit will be forfeited and the Wedding Ceremony Contract will become null and void.
If the wedding ceremony includes a “Ceremonial Element”, the couple is responsible for furnishing and bringing the necessary elements to the venue on the day of their ceremony.
If the couple wishes to have the Officiant attend their wedding ceremony rehearsal, the request must be made in writing and needs to be explicitly added to the Wedding Ceremony Contract. An additional fee, as specified on the EP website, will apply. in an attempt to ensure that your Officiant is availble to lead your rehearsal, we ask for as much notice as possible. If your Officiant is not available for your rehearsal, due to prior commitment, a Backup Officiant will be made available to lead the rehearsal.
The Officiant agrees to arrive at the wedding venue listed on the Wedding Ceremony Contract thirty (30) minutes before the defined Start Time of the Ceremony (barring uncontrollable factors as previously detailed above).
Couples understand that they must adhere to the Start Time of your Ceremony as agreed to in the Wedding Ceremony Contract. The Officiant understands that weddings do not always begin as planned and will accommodate up to a thirty (30) minute delay in the Start Time of the Ceremony. After a thirty (30) minute delay in the start time, the Officiant has the right to leave the venue. If the Officiant remains after the thirty (30) minute delay, there is an additional fee of $100 (plus HST) for each additional sixty (60) minutes. This fee is not prorated.
The couple acknowledge that all images, photos and/or videos of them taken by the Officiant and/or their agent are the sole property of Enduring Promises, and permission is hereby granted for such images to be displayed and used by us for posting to various social media channels or website and/or for other commercial purposes, including without limitation, window and showroom exhibits, advertising, and/or other wedding industry publications. The couple hereby waive any right to inspect or approve the finished photo(s) and/or video(s), including written copy, that may be created in connection therewith, or the use to which it may be applied.
Planning your wedding ceremony will require back and forth emails and/or texts between Enduring Promises, the Officiant and the couple. Based on the Canadian Anti-Spam Legislation, in order to communicate with you online, Enduring Promises Inc. requires your permission to email you. Once you give your permission, by acceptance of these Terms and Conditions, you can withdraw it anytime by notifying EP by email that you no longer wish to receive any email correspondence from EPI.
A $45.00 service fee will be applied to any cheque returned for any reason.
Neither EP or any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website, www.enduringpromises.com, as well as any other websites owned and/or managed by Enduring Promises Inc. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
By selecting “Agree”, I understand that the signature and initials will be the electronic representation of my signature and initials for the purpose of executing this Agreement – just the same as my pen-and-paper signature and/or initials.
Our registered office address is: 3-1750 The Queensway, Suite 225 Toronto ON M9C 5H5. Enduring Promises can be contacted by email at email@example.com.
Intellectual Property Content and Copyright:
The Enduring Promises’ website(s) contain or use copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content” or “Content”). This Content, unless otherwise indicated and/or provided pursuant to a third party license, is our sole property, and we retain all appurtenant rights, interests and title thereto.
We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of our website(s), including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of our website(s) does not confer upon you any license or permission to use our Intellectual Property Content and is intended solely for the your private, non-commercial use. You shall not reproduce, modify, display, sell, or distribute our Content, including but not limited to Submitted Information contributed by you, or use our Intellectual Property Content in any other way for public or commercial purposes.
Any other reproduction, distribution or use of the content, in whole or in part, is specifically prohibited. Prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate the content of this website.
Enduring Promises uses industry standard practices to protect your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but, we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
A couple may cancel their Wedding Ceremony Contract with Enduring Promises at any time during the ten (10) day period after receiving an email copy of the executed Wedding Ceremony Contract. If a couple choose to cancel their Wedding Ceremony Contract during this time, a full refund of the amount paid will be returned within fifteen (15) days of written receipt of notice of cancellation. No explanation or reason for cancelling is required during this ten (10) day period.
If the Wedding Ceremony Contract is cancelled in writing, after ten (10) days, any and all amounts paid are forfeited and the Wedding Ceremony Contract is null and void. Access to Enduring Promises’ Console will be terminated, and any information posted onto the Console remains the property of EPI.
There may be other rights, duties and remedies that allow you to cancel the Wedding Ceremony Contract after ten (10) days. For more information contact the Ministry of Consumer and Business Services.
The Consumer Protection Act, 2002
Provincial legislation protects consumers in their specific dealings with vendors. The Ontario Consumer Protection Act, 2002, provides a general system of rights to consumers, who are defined as those who are purchasing goods or services for personal, family, or household purposes. Generally, the Act applies to purchases over $50 in value, when either the consumer or the seller was located in Ontario at the time of purchase. It is important to know that the Act does not protect consumers in their dealings with regulated professionals, including doctors and lawyers. Nor does the Act apply to transactions with regulated financial service providers such as banks and stockbrokers, to contracts with public utility companies such as gas and electricity providers, to transactions for real property (excluding time share contracts), or to landlord and tenant contracts covered by the Residential Tenancies Act. The specific protections of the Consumer Protection Act are numerous and are listed and explained in detail online through Service Ontario. Briefly, the Act works to protect you against unfair business practices, provides you with cancellation rights when goods and services are delivered late, and provides a “cooling off” period that allows you to cancel certain types of agreements within 10 days of signing them. The Act also prevents sellers from charging a final price that exceeds the seller’s estimate by more than 10%.
Last modified: August 20, 2016