Terms of Service
By submitting your reservation, you agree to be bound by the provisions of these Terms of Service. Kauai Island Weddings reserves the right to make changes to these Terms of Service without notice; any such changes will apply prospectively only. Unless Kauai Island Weddings agrees otherwise in writing, these Terms of Service constitute the entire agreement between you and Kauai Island Weddings concerning the subject matter covered here.
Deposits and Service Payments
You shall pay Kauai Island Weddings a reservation deposit of $200 (the Deposit) at the time of your reservation submission. This deposit is partially-refundable should you cancel your wedding more than 60 days before your scheduled event.
You shall also pay the entire amount owed for the wedding services you request in your reservation and in any subsequent communications with Kauai Island Weddings including, but not limited to, add-ons to a wedding package (the Package Price), minus the Deposit, 14 days prior to your event but no later than your reserved wedding date.
If you provide credit or debit card information to Kauai Island Weddings at any time, including when you submit your reservation, then Kauai Island Weddings is entitled to charge the Deposit to such credit or debit card. Kauai Island Weddings is also entitled to charge to such credit or debit card any portion of the Package Price that remains unpaid on your wedding date. If you do not pay (or if Kauai Island Weddings is unable to collect) the Deposit or Package Price as specified above, then Kauai Island Weddings may cancel your reservation without giving you notice.
Wedding Duration and Permits
The wedding ceremony’s duration will be between 10-20 minutes, as confirmed by email from Kauai Island Weddings. The duration may be subsequently changed with Kauai Island Weddings 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 Hawaii State law. Therefore, Kauai Island 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, Kauai Island Weddings’ photographers and/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 90 minutes after the wedding ceremony’s reserved end time. Kauai Island 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 Kauai Island Weddings’ control.
You are responsible for identifying (or making someone available to identify) people/objects that you would like photographed or videotaped at your wedding. Kauai Island 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 Kauai Island Weddings agrees otherwise in writing before the wedding, Kauai Island Weddings’ photographer will take pictures in high-resolution JPG format using Kauai Island Wedding’ standard photographic equipment. Unless Kauai Island Weddings agrees otherwise in writing before the wedding, Kauai Island Weddings’ videographer will take videos in HD digital format using Kauai Island Weddings’ standard videography equipment. Copyright laws protect the photographs, videos, digital negatives or prints produced by Kauai Island Weddings (the Photos/Videos). Once you have paid the Package Price in full, Kauai Island 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. Kauai Island 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, Kauai Island Weddings will perform color correction on certain photographs. This service is limited to any of the following: lightening, darkening or minor color correcting. You agree that if a technical issue prevents Kauai Island Weddings from color correcting an image you chose for that service, then Kauai Island Weddings will not be obligated to perform such service; instead, you may select an alternative image for such service.
Delivery times for photos, video and/or web stream are approximate and may vary slightly depending on number of photos taken or unfavorable weather conditions, which may require your photos or video to need additional work.
Kauai Island Weddings does not supply RAW footage of still images or video clips. Should there be a justified reason that a client must have RAW footage Kauai Island Weddings offers no guarantees of any kind because there has been no retouching or color correcting of those items and use of this footage/imagery is at your own risk. Kauai Island Weddings strongly recommends the use of final edited images and videos.
Drone videography is dependent on good weather conditions as the drone can not fly in high winds or rain. Should you have booked drone video with us (or it's part of your wedding package) and we are unable to fly the drone, we will offer to Reschedule to a later date or location where weather conditions are more favorable. Should you not want to reschedule the drone and rather Cancel, then we will refund $300 of the $595 drone package price back to your credit card, to cover the cost of our drone pilot who was at your event and willing to fly, but was unable due to circumstances out of his control.
You may cancel your wedding only by written notice (the Cancellation Notice) sent to and 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, and will receive a refund of $100. However, should you have used more than one hour of in office wedding planning, your wedding deposit becomes non-refundable. 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. Consider your event cancelled only when you receive a Cancellation Notice Confirmation email from Kauai Island Weddings.
Kauai Island 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, Kauai Island 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 to rescheduling your wedding for a date that is mutually agreeable to you and Kauai Island 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. Kauai Island Weddings intends to accommodate any Rescheduling Notice, but rescheduling a wedding for your desired date may not always be possible based on Kauai Island Weddings bookings calendar. Therefore, Kauai Island 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 immediately pay Kauai Island Weddings 50% of your outstanding invoice balance, this will be applied in full to your rescheduled event (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 fewer than 30 calendar days before your reserved wedding date, and it is accepted, you shall immediately pay Kauai Island Weddings 100% of your outstanding invoice balance, this will be applied in full to your rescheduled event (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 of $200 each. Kauai Island Weddings is entitled to charge the Rescheduling Fee to any credit or debit card you have at any time provided to Kauai Island Weddings. Sorry, but should you cancel your wedding after you have rescheduled it, no refund is due or will be paid.
Large Group Fees
Groups of over 10 people take more time to arrange during the wedding and for photography after. Therefore, all groups of 11 or more people (including the bride & groom) will incur an additional large group fee. This fee is reflected in the higher ticket price for larger groups for each of our offered wedding packages.Â We recommend that any group over 15 people (including the bride & groom) consider adding an on-site wedding coordinator to make the wedding go more smoothly.
Changes to your Wedding Package & Details
You may change your wedding package up to 30 days prior to your wedding date, and any extras you have ordered up until 14 days prior to your wedding. Within 14 days of your wedding we can not accommodate cancellations of flowers, transportation, musicians, on-site coordinator/groomer, video or any other services that you may have added to your wedding package at a previous time. Wedding Package changes themselves can not be accommodated less than 30 days prior to your wedding as we have committed to certain vendors who have specifically allocated their time for your wedding and your specific event time frame. However, additions to your wedding package may still be available, please call or email us if you want to add something last minute. However, down grading to a less expensive package within 30 days, or cancellation of any items less than 14 days prior to your scheduled event will not be considered.
Certain wedding venues may require a site fee. In addition to the standard deposit, all site fees are to be paid in full upon booking, and are non-refundable. Site fees are subject to change without notice.
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 Kauai Island Weddings and that is within 12 months of the originally reserved date. Wedding & Lodging packages excluded.
Disputes and Interpretation
These Terms of Services are governed exclusively by the law of the state of Hawaii 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 JAMSâ€™ arbitration rules and expedited procedures, as they exist at the time the arbitration is filed. The arbitration must be scheduled to take place in Lihue, Kauai, Hawaii, 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 Hawaii 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.