Terms and Conditions
Updated July, 2023
These Terms and Conditions (the “Term and Conditions”) govern all Event Services Agreements (each, an “Agreement”) entered into between Promise Mountain LLC, a Tennessee and Montana LLC (“PM”) and each Client regarding services provided by PM to each Client relating to a Client’s Event, and are incorporated into and made a part of each Agreement. PM and Client are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” All capitalized terms used and not otherwise defined shall have the meaning ascribed to them in the Agreement.
Payment. The Total Cost is due from Client on the date that is one month prior to the Wedding Date. Any additional services or changes made to the Services after the date of the Agreement must be agreed to by PM and Client in writing, and will be added to the Total Cost and be included in the Client’s invoice file.
Retainer. The Retainer is required to hold the Event Date and is non-refundable to Client. In the event of a cancellation, the Retainer can be applied as a credit to a future booking in the event of a cancellation.
Date Change / Rescheduling. All date change and/or rescheduling requests must be made in writing and are dependent on availability for the new desired date. PM understands that extenuating circumstances outside the control of the Client (i.e. sickness/medical emergencies, family emergencies, etc.) can affect wedding dates so each date change/rescheduling request and corresponding fee will be decided on a case-by-case basis. The following fees are the maximum Client would have to pay. All date change/rescheduling fees take effect from the moment Client is considered ‘booked’ which is when Client submits their signed contract and pays their retainer fee to PM’. Please note - if you are rescheduling due to government-mandated COVID-19 lockdowns, shelter-in-place orders, or borders being shut to Client’s country of elopement or home country the following fees do not apply and Client would be subject to the Global Emergency (COVID -19) Floating 12-Month Change Date Option as laid out in section 13.
In the event Client sends a date change/rescheduling request up to 30 days after booking, Client is subject to a $500 rescheduling fee added to the total package cost.
In the event Client sends a date change/rescheduling request from 30 days after booking up to 90 days before Wedding Date, Client is subject to a rescheduling fee of 10% of the total package cost.
In the event Client sends a date change/rescheduling request from 90 days before scheduled wedding date up to 30 days before Wedding Date, Client is subject to a rescheduling fee of 20% of the total package cost.
In the event Client sends a date change/rescheduling request from 30 days before scheduled wedding date up to 1 week before Wedding Date, Client is subject to a rescheduling fee of 30% of the total package cost.
At 1 week before Wedding Date, in the event Client sends a date change/rescheduling request this would be considered a cancellation and would have three ways to proceed.
If Client still wishes to proceed with a PM service, Client needs to request a new date and rebook with PM at which point PM would send Client a new contract and all previous contracts would be voided. Client would be subject to any package price changes that might have occurred between initial booking and rebooking.
If Client wishes to proceed with canceling their wedding, but wishes to switch their package to a Honeymoon package, please refer to section 6 ‘Elopement Package Downgrade’
If Client does not wish to reschedule and wants to move forward with cancellation, please refer to both Retainer as laid out in section 2 and Cancellations as laid out in section 4.
Cancellations. All cancellations must be made in writing.
In the event Client sends a notice of cancellation on or before the date that is 6 months prior to the Wedding Date, PM will refund to Client an amount equal to the total amount of payments made by Client to PM as of the date of cancellation, minus the Retainer.
There is an option for this Retainer to be put towards a honeymoon package. See details below in section 6.
In the event Client sends a notice of cancellation less than 6 months prior to the Wedding, PM will refund to Client an amount equal to the 50% of the total amount paid by Client to PM as of the date of cancellation, minus the Retainer.
With the exception of cancellation due to Client’s unprofessional or harassing language and behavior, in which case PM may cancel the Agreement without refund to Client, in the event PM cancels the Agreement for any reason whatsoever, it will refund Client an amount equal to the total amount of payments made by Client to PM as of the date of cancellation, minus the Retainer, and release Client from any further payment obligation under the Agreement.
Any refunds due from PM to Client under an Agreement shall be made on or before the date that is 6 months from the notice of cancellation or termination, as the case may be.
Guest Count.
If Client has booked a Group Elopement or Micro-Wedding, Guest Count can be updated up to 90 days before the Wedding Date. Client must notify PM of any guest count changes, in writing. If the guest count decreases, PM will refund the client up to the minimum number required for the base package.
If Client has booked a Private Elopement and chooses to add guests, this change must be made no later than 90 days before the Wedding Date in writing and is subject to ceremony location’s ability to add guests last minute. At this point, they will be upgraded to the 'Group Elopement' package and pricing for that location and agree to pay the upgraded fee in full by due date in contract.
Elopement Package Downgrade. In the event Client wishes to cancel their Wedding following the ‘Cancellation’ clause above, they do have the option to switch their package from an Elopement package to a Honeymoon package and put the Retainer towards the cost of a Honeymoon package. In order to proceed with this option, Client must -
Notify PM in writing of the desire to switch their package to a Honeymoon package.
Inform PM of the honeymoon location and dates Client is interested in.
Pending date availability, PM will send Client an updated Honeymoon proposal, invoice, and contract.
Pay a $750 package downgrade fee - added to the Honeymoon invoice.
In addition to the $750 downgrade fee, Client will also be responsible to pay the non-refundable deposits that are paid to the wedding vendors for the cancelled wedding. These non-refundable deposits will be added to the Honeymoon invoice.
Once Client has signed Honeymoon contract, the original Elopement contract is null and void and all services moving forward will be that of the new Honeymoon contract.
Intellectual Property. Client understands and agrees that:
all works and products created or produced (such as wedding photography, collectively, the “Products”) as a result of the Services, whether tangible or intangible are expressly and solely owned by PM and may be used by PM in the reasonable course of conducting its business;
in accordance with federal copyright law, PM and Michaela Potterbaum own all copyrights in and to all Products, whether registered or unregistered; and
PM grants Client a non-exclusive license to use the Products for personal use, which includes without limitation, on clients personal social media pages or profiles, in personal creations and in personal communications, so long as Client provides PM with attribution for each use.
Artistic Release. PM will make reasonable efforts to ensure that the Services (and any Additional Services) are produced in a style and manner consistent with PM’s current portfolio, subject to any reasonable suggestion made by Client, provided, however, PM reserves the right to have final say regarding the aesthetic judgment and artistic quality of the Services, any Additional Services and Products. In addition, PM reserves the right to chose all wedding day vendors including the photographer, videographer, catering, hairstylist/makeup artist, cake designer and floral designer. Photos will be returned to the Client from PM no later than 90 days after the wedding.
Indemnification and Limitation of Liability. Client agrees to indemnify and hold harmless PM and its affiliates, employees, agents and independent contractors from any and all personal injury, property damage, liability, claim, or other cause of action arising out of or related to the Services, any Additional Services and Products. In addition, Client understands and agrees that in no event shall PM be liable to Client for indirect, incidental, special or exemplary damages, and in no event will PM’s liability under the Agreement exceed the amount of the Total Cost.
Accident Waiver and Release. Client understands that there may be some risk of personal injury by participating in activities related to the Services, expressly assumes the risk of participating in any and all activities related to the Services and further releases PM from any and all liability, including but not limited to liability for the negligence or fault of PM, for any injury or disability which may occur as a result of Client’s participation in the activities related to the Services.
Loss of Product. In the event that any Product is lost, PM shall refund Client in an amount up to $1600.
Wedding Legalities. Client understands and agrees that Client is responsible for all marital paperwork, and shall secure all necessary paperwork prior to arriving at the wedding destination.
Inclement Weather. Client understands and agrees that in some instances, PM may have to move the ceremony location, re-schedule the ceremony for later in the day or in rare cases, re-schedule the ceremony for the next day due to weather conditions.
Impossibility. Notwithstanding anything contained in the Agreement and these Terms and Conditions to the contrary, either party elect, in writing, to terminate the Agreement in the event of an occurrence that is outside the control of either party including, but not limited to, war, invasion, act of foreign enemies, rioting, disorder, nuclear leak or act of terrorism, in which case, PM will refund Client and amount equal to amounts paid by Client prior to the cancellation, minus the Retainer.
Global Emergency (COVID -19) Floating 12-Month Change Date Option.
For Events that are scheduled to take place in the United States, Costa Rica, Norway, Ireland Northern Ireland or Scotland (each an “Identified Location”), PM and Client reserve the right to reschedule the Wedding Date to another agreed upon date that is within 12 months of the original Wedding Date if the borders of the Identified Location where the Event is scheduled to take place are locked down or otherwise restricted for reasons related to a global emergency, including COVID-19 within 60 days of the Wedding Date, without otherwise effecting the terms of the Agreement.
For Events that booked by American Clients and scheduled to take place in Norway, in addition to the option to reschedule the Wedding Date as set forth in Paragraph 12(a) above, Client may elect to transfer the booking to a PM location in the United States.
Choice of Law. The Agreement shall be governed, construed and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of law rules.
Assignment. The Agreement may not be assigned or transferred by either Party without prior written consent of the other Party.
Severability. In the event that any provision of the Agreement or these Terms and Conditions are deemed to be illegal or unenforceable, the remaining provisions of the Agreement or these Terms and Conditions shall remain in full force and effect.
Entire Agreement. The Agreement, together with the Terms and Conditions, constitutes the entire agreement of the Parties as to the subject matter covered herein and supersedes all prior oral or written agreements, proposals, understandings, representations, conditions and promises related thereto. The provisions of this Agreement may not be modified or amended except by a written instrument signed on behalf of both Parties.
Counterparts. The Parties may execute this Agreement in two or more counterparts, which, in the aggregate, will be signed by all Parties. Each counterpart shall be deemed to be an original document as against any Party who has signed the counterpart. Copies of original signatures sent via electronic transmission shall be deemed to be originals for purposes of the Agreement.