Engagement
These Terms & Conditions (Terms) are between One Fine Day Group NZ Limited (One Fine Day) and the client(s) (Client). The Client has agreed to engage One Fine Day to perform wedding planning services for their event on an agreed date at an agreed venue (Event) in accordance with these Terms.
For the avoidance of doubt, the definition of Client in these Terms also includes any user of the One Fine Day website (Website). If you do not agree to these Terms, you are not authorised to use the Website, and you must immediately stop doing so.
Payment
A non-refundable booking fee is payable by the Client on booking with One Fine Day (Booking Fee), this is usually a 50% deposit. A binding agreement is entered between One Fine Day and the Client, when One Fine Day receives this Booking Fee.
Prices are payable in NZ Dollars. Payment is accepted by direct credit to One Fine Day bank account. If the Client is paying direct to One Fine Day’s bank account from overseas, a $25.00 surcharge will apply (this will be added to the Client’s invoice) and any other applicable international bank charges will be passed on to the Client. If requested, VISA and Mastercard payments is available and a 3% surcharge fee will apply.
It is understood that the Booking Fee paid to One Fine Day is for services completed before the date of the Event. The services include (but are not limited to):
all communications with the Client (email, text, phone calls, video calls, etc);
provision of local knowledge and all communications with third-party local vendors/operators;
assistance with planning;
timeline assistance;
preparation and logistics for the Event; and
for the above reasons, the Booking Fee is non-refundable.
Full payment of the remaining fee is due within one month of the Event date. In the event of non-payment One Fine Day may withhold services in addition to charging default interest on the amount due from the due date until the date of payment at a rate 2.5% per calendar month.
The Client acknowledges that a bond of $2,000.00 (or such amount as based on the Client’s final value of the Event budget – to be determined in One Fine Day’s sole discretion) will be allocated to the Client’s final invoice, which will cover any additional fees following the Client’s final account being settled. Any difference in charges will be refunded to the Client’s chosen bank account following the Event.
One Fine Day does its best to ensure that prices noted in phone conversations and in correspondence (such as proposals, emails and newsletters) are accurate, however prices are always subject to change, without warning.
The Client shall indemnify One Fine Day against any expenses, disbursements and legal costs incurred by One Fine Day in connection with the enforcement of any rights contained in these Terms, including legal fees on solicitor/client basis and/or debt collection agency fees.
Extra Fees
If the Event:
is outside of Queenstown, One Fine Day is entitled to charge the Client additional travel fees;
is on a public holiday, One Fine Day is entitled to charge the Client a 15% surcharge on all staff working at the Event;
is for over 30 guests, One Fine Day is entitled to charge the Client additional staff costs, which will currently be charged at a half or full-day rate:
senior staff rate – half day: $450 plus GST / full day: $990 plus GST;
assistance staff rate – half day: $270 plus GST / full day: $540 plus GST;
requires an after-hours (2100 – 0700) pack down, One Fine Day is entitled to charge the Client an additional fee which is currently $300 plus GST.
Delivery fees are not included in One Fine Day’s packages and if One Fine Day agrees to provide any delivery requests, One Fine Day is entitled to charge the Client a reasonable fee for such service.
It is agreed that the Client will arrive on time to the chosen locations set in the Event timeline (the Timeline). It is understood that One Fine Day is booked in for the specific time stated on the Timeline, and coverage of the day begins and ends in accordance with the Timeline.
In the event the Client is late or requires late change to the Timeline that are not otherwise paid for under these Terms, One Fine Day may elect to perform additional services for an extra fee or refuse them, at their sole discretion.
The Client agrees to pay for the services as set out in this clause 3 as invoiced and acknowledges that it may be required to pay for these services ahead of their provision.
Account Manager
A dedicated One Fine Day professional will be allocated to the Event. One Fine Day reserves the right to transfer the Event to another One Fine Day professional at any time upon providing notice to the Client.
Due to the nature of One Fine Day’s business, staff are frequently working on location delivering other events. One Fine Day will respond to all emails from the Client as soon as reasonably possible. In the event the Client considers that it requires urgent assistance, if the Client is unable to get hold of their One Fine Day professional allocated to the Event, the Client is advised to contract the One Fine Day main studio phone line. One Fine Day’s office hours are 0900 to 1700, Monday to Friday.
The Client is not permitted to contact any suppliers regarding the Event directly and the Client acknowledges that all communication must go through One Fine Day.
Cancellation
In addition to any other right or remedy provided by law, if the Client fails to pay for the services when due, One Fine Day has the option to treat such failure to pay as a material breach of these Terms and may cancel these Terms and/or seek legal remedies.
The client will have 10 days to remedy any late payments
If the Event cannot take place due to any act of God, natural disaster, fire, flood, weather event, council or government sanction or order, pandemic, actions or decisions of police or other authorities, act of terrorism, war or industrial action (Specified Event) then the parties may agree to postpone the Event (subject to availability up to one year from the original Event date). Where the Event is postponed due to a Specified Event, the Client acknowledges that a fee of $750.00 will apply and that depending on the new agreed Event date other extra fees may also apply.
The client has the right to cancel with two weeks notice if a breach of trust or relationship transpires that cannot be remedied.
In the event, the Client wishes to cancel the Event due to the occurrence of a Specified Event, One Fine Day will be entitled to retain the Booking Fee and invoice the Client for the remainder of the package fee (less the on the day portion).
One Fine Day takes no responsibility for any loss incurred by the Client caused by cancellation or postponement of the Event due to a Specified Event.
If One Fine Day cannot perform its duties in accordance with these Terms due to bereavement, illness or injury or the unlikely event that the relationship with the Client is rendered unworkable in the opinion of One Fine Day, then One Fine Day will endeavour to give the Client as much notice as reasonably possible, and neither party shall make any claim against each other in respect of these Terms.
If cancellation occurs, OFD will make best efforts to smoothly transfer all relationships/work done/website assets/deposits paid.
Weather
One Fine Day reserves the right to reschedule or arrange alternative venues for any booking at any time for weather related reasons. In the event that your wedding needs to be rescheduled or requires a change in venue due to changing weather conditions, One Fine Day will contact local vendors/operators involved in the Event and endeavour to plan alternative measures to ensure the Client has a happy and memorable day. Depending on the amount of re-planning involved and the ability of local vendors/operators to reschedule, additional fees or costs in relation to each local vendor/operator may apply.
Refunds for Services not Utilised
One Fine Day does its best to make sure connections and transfers and other package inclusions go smoothly but this may not always be possible due to flight cancellations, local political situations, weather, mechanical breakdown, or other unforeseen circumstances. Refunds for services not utilised will be made based on the third-party vendors/operators policies and One Fine Day will not be held liable for refunds or additional expenses. For the avoidance of doubt, no refunds are possible for land hire fees and/or event permits.
Alterations & Final Decision
In the event of any requested changes to the Event, One Fine Day will take all reasonable steps to arrange suitable alternatives. This will involve consultation with the Client but the final decision rests with One Fine Day.
Liability & Indemnification
Except as provided for by the Consumer Guarantees Act 1993 and the Fair-Trading Act 1986, One Fine Day shall not be liable for:
for death, disability, personal injury, property damage and any other foreseeable risk, claim or action of any kind;
any loss under or in connection with the Website or the Client’s access and use of (or inability to access or use) the Website;
any loss or damage arising by reason of any delay in the completion of the services;
any loss of profits, indirect or consequential loss of whatever nature; or
any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of the Client’s instructions arising directly or indirectly from any breach by One Fine Day of any of its obligations under these Terms or from any cancellation of the Event or from any negligence on the part of One Fine Day.
One Fine Day liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of any of the services provided by One Fine Day except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the proportional value of the payments made by the Client for that unique service element, under these Terms.
The Client and its agent’s, attendees, and/or assignees (attendees), if any, shall indemnify, and hold harmless, One Fine Day from any and all claims or damages to property or personal injury, illness or death of any person or loss of any kind whatsoever however caused or arising:
out of any of the services contemplated by these Terms with the exception of intentional or illegal acts;
which is brought by any person in connection with any matter, act, or omission arising from the Client breaching these Terms.
The Client is responsible for their own conduct and the conduct of its attendees at all times. Any damage to One Fine Day’s equipment resulting from an act by the Client, its attendees is the sole responsibility of Client and the Client agrees to immediately reimburse One Fine Day for the cost of any such damage.
Health & Safety
The Client agrees that all parties involved are responsible for their own personal safety. The Client and its attendees will be required to comply with any lawful directions in respect of One Fine Day’s policies and procedures applicable to health and safety.
Harassment and Unlawful Activity
The Client agrees that it and its attendees shall:
interact with One Fine Day in a respectful manner at all times;
not engage in any behaviour that is unlawful or that is determined to threaten the safety of One Fine Day;
not engage in any behaviour that is disruptive or interferes with the ability for of One Fine Day to fulfil the services.
The Client agrees to assume responsibility for the behaviour of all attendees at the Event.
In the event One Fine Day identifies any unlawful, inappropriate, threatening, hostile, or otherwise offensive behaviour directed to One Fine Day, One Fine Day reserves the right to end its services, retain the fees paid by the Client, and holds no further responsibility to the Client.
Images & Videos
Deliverable items and shots are contingent upon the Client performing actions and cooperating with One Fine Day. One Fine Day is not liable if the Client’s neglect leads to a compromise of what has been agreed. One Fine Day shall not be responsible for photographs/videos not taken as a result of the Client’s failure to provide reasonable cooperation.
One Fine Day is not responsible for compromised coverage due to causes beyond their control, such as other people’s camera or flash, the lateness of the Client, weather conditions, schedule complications, rendering of decorations, or restriction of venues or officiates. One Fine Day is not responsible for existing backgrounds or lighting conditions, which may negatively impact or restrict the photography/videography coverage.
Please be aware that for some photos the Client may get dirty. Further, it is ultimately the Client’s responsibility to make sure their clothes, makeup, hair, and overall appearance are the way they want for photos. One Fine Day is not responsible for any styling, clothing wrinkles, makeup issues, hair problems or any other factors in the photography/videos.
The copyright and ownership of any and all images/videos remains at all times with One Fine Day and/or One Fine Day’s suppliers.
One Fine Day endeavour to provide the final images/videos to the Client within 8 – 12 weeks from the date of the Event. In the event, One Fine Day’s editors are behind schedule, One Fine Day will keep the Client updated with a revised timeframe, if requested. No raw images will be given to the Client. The Client acknowledges that they are not permitted to crop, add filters, or outsource editing on images taken by One Fine Day.
The responsibility of the image/video files falls to the Client 30 days after delivering images/videos to the client and One Fine Day is not responsible for any lost or corrupted files after this time period.
Basic retouching includes clearing skin, getting rid of flyways and single strands of hair in the face and obvious blemishes. Basic retouching does not include things like physically changing body shapes, fixing dresses, removing people or things from a photo, fixing clothes/ makeup/ etc. or adding things to photos.
The Client acknowledges that images/videos shot by One Fine Day will align with the style as displayed on the One Fine Day website. The Client understands they cannot request new images/videos due to different stylistic requests that have not been covered in the project brief or pricing guide.
The Client is obtaining the images/videos for personal use only and shall not on-sell any One Fine Day images/videos. The Client is not permitted to give images/videos to third-party vendors in order to use for sales. No commercial use is granted by the issuance of images/videos except for personal branding uses.
If an attendee begins taking photos/video and disrupts One Fine Day’s ability to capture important moments, One Fine Day is not liable. The Client acknowledges it has been advised of the danger of allowing attendees to take photos during the Event and will not blame One Fine Day for any ruined images/videos.
One Fine Day has working methods in place to prevent loss or damage to the Client’s images/videos. However, there is the unlikely possibility that images/videos may be lost, stolen or destroyed for reasons beyond One Fine Day control. In these circumstances liability is limited to the return of fees paid for this portion of the service or part thereof according to the percentage of images/videos supplied.
Insurance
The Client is responsible for its own insurances for the duration of the Event (e.g. travel insurance and event insurance). One Fine Day accepts no liability for any costs associated with the Client failing to take out adequate insurance.
One Fine Day is not responsible for any missing, damaged, or altered clothing or personal item belonging to the Client.
Third-party Local Vendors/Operators and Optional Activities
Third-party local vendors/operators provide services in accordance with their own terms and conditions and the Client will be bound by these terms and conditions. Some of these terms and conditions may limit or exclude their liability to the Client. Copies of the relevant terms and conditions are available request. The Client may be required to read and accept third-party terms and conditions prior to the Event. One Fine Day accepts no liability for third-party local vendors/operators the provisions contained in such terms and conditions.
Optional and other activities may not be available at all times as these are managed by third-party local vendors/operators. One Fine Day have no control over their availability or prices.
Outside Arrangements
One Fine Day is not responsible for any outside arrangements the Client may make before, during or after the Event. This includes, but is not limited to any element booked in conjunction with Event package with One Fine Day that we do not receive payment for (such as accommodations, flights and insurance) even in the case where One Fine Day has made a recommendation or referral.
Breach
The Client acknowledges that a breach of any of the provisions of these Terms may result in the termination of these Terms. In the event these Terms are terminated as a result of any breach by the Client, the Client shall not be entitled to any refund and shall forfeit all amounts previously paid to One Fine Day. Further where invoices or debts have been incurred or have been issued prior to the cancellation, the Client must promptly pay these invoices and debts.
Disputes
All disputes and disagreements between the parties concerning the Terms or the services shall first be attempted to be resolved by the parties acting in good faith within 10 working days from the date the dispute or disagreement is raised by either party.
If after 10 working days, the dispute or disagreement cannot be resolved then the parties shall refer the dispute to arbitration under a single arbitrator agreement upon by both parties, or failing agreement, by two arbitrators (one appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with the Arbitration Act 1996.
Marriage Licence
One Fine Day may provide advice and assistance in regards to arranging marriage licences. The Client is required to fill in the necessary forms and provide any evidence necessary to show that the Client is legally eligible to get married in NZ or such other country as applicable, in a timely manner. One Fine Day will not be held responsible for any delayed or denied marriage licence and no fees will be refunded in such cases.
Privacy Policy
In the course of providing the services, One Fine Day collects personal information about the Client. Information collected may include, name, address, contact information billing information and any communication information the Client provides through the Website or social media accounts. One Fine Day may also collect personal information from publicly available sources or provided through an external third-party.
All data collected will not be utilised for any other purposes outside of the wedding, and will not be shared post wedding, and not be made publically available
The personal information the Client provides to One Fine Day (including any information provided if the Client registers for an account) is collected and may be used for communicating with the Client, statistical analysis, the marketing by One Fine Day of products and services to the Client, credit checks (if necessary), and research and development.
One Fine Day may also collect technical information whenever the Client logs on to, or visit the public version of, the Website. This may include information about the way users arrive at, browse through and interact with the Website. One Fine Day may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that One Fine Day transfer to the Client’s computer’s hard drive to enable One Fine Day’s systems to recognise the Client’s browser. If the Client wants to disable cookies, the Client may do so by changing the settings on its browser. However, if the Client does so, the Client may not be able to use all of the functions on the Website. One Fine Day uses the technical information it collects to have a better understanding of the way people use the Website, to improve the way it works and to personalise it to be more relevant and useful to its clients’ particular needs. One Fine Day may also use this information to assist in making any advertising One Fine Day displays on the Website more personalised and applicable to its clients’ interests.
Generally, One Fine Day does not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which One Fine Day may do this are:
to service providers and other persons working with One Fine Day to make the Website available or improve or develop its functionality (e.g. One Fine Day may use a third party supplier to host the Website);
in relation to the proposed purchase or acquisition of One Fine Day’s business or assets; or
where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal information the Client provides to One Fine Day may be stored on the secure servers of One Fine Day’s trusted service providers, which may be located outside New Zealand. This may involve the transfer of the Client’s personal information to countries which have less legal protection for personal information than New Zealand.
In accordance with the Privacy Act 2020, the Client has the right at any time to access information held by One Fine Day about it and to ask for any incorrect information to be corrected. The Client can contact One Fine Day and ask for a copy of this information or to ask for it to be corrected by emailing [email protected].
General Provisions
Amendments: These Terms may be amended by One Fine Day from time to time by giving the Client no less than 20 working days’ notice of the changes by at least one of the following methods:
putting a notice on the Website;
emailing the Client’s last provided email address;
including a statement on the Client’s invoice; or
a combination of the above.
Unless the Client is notified otherwise, changes to these Terms will come into effect at the end of any notice period or where no notice period is given, at the time the updated terms are published on the Website.
Assignment: These Terms may not be assigned or sublet as a whole, without the prior written consent of One Fine Day.
Severability: If any provision or term of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect that validity or enforceability of the remaining term and conditions, which shall be enforced as if the offending term and provision had not been included in these Terms.
Governing Law: These Terms shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
