Terms and Conditions

Deposit Agreement & Terms of Use

As the hirer, it is your responsibility to read the full terms and conditions relating to the deposit. Payment of the deposit stipulates you accept the terms and conditions described in this agreement without exception:

1. Schedule 1

  1. Parties
    1. Unforgettable Collective, trading as Unforgettable Proposals
    2. Hirer (hirer/client), responsible for all attendees within the experience
  2. Remuneration (Clause 1) – Payment Terms
    1. $250 inc GST deposit to secure Unforgettable Proposals services for the experience selected by the client in the proposal builder
    2. Unforgettable Proposals will refund a client deposit within 72 hours of processing the deposit for any reason. After 72 hours, the deposit is non-refundable, except for 1.2.c)
    3. Unforgettable Proposals will refund a client deposit beyond 72 hours if a suitable date cannot be established between the client, Unforgettable Proposals and a venue
    4. Communication of a request for a deposit refund may be made via a phone call, text message or email.
  3. Experience terms
    1. Separate experience terms of use will be sent to the client when a suitable date has been selected to secure.

2. Special Terms

The following Special Conditions are hereby incorporated into the Standard Terms of this Agreement. If there is any conflict or inconsistency between these Special Conditions and the Standard Terms, then these Special Conditions will prevail to the extent of that conflict or inconsistency. 

  1. Indemnity
    The Infringing Party agrees to indemnify and undertake to hold the Aggrieved Party harmless against any claim, proceeding, suit or demand that is made, threatened or commenced against the Aggrieved Party, arising out of the Infringing Party’s breach of this Agreement; and, the Infringing Party agrees to make good against any liability, loss, damage or expense (including legal costs on a full indemnity basis, any monies paid to a third party to settle or compromise a claim or demand) in relation to the same.
  2. Hirer responsibility
    1. Unforgettable Proposals, suppliers and venues accept no responsibility for costs or losses including missed flights, travel connections, accommodation, subsequent bookings or any associated expense resulting from diversion, substitution, alterations, cancellations, postponement, change, delays or booking errors.
    2. Hirer accepts all responsibility for keeping the experience a surprise for their partner, including the concealment of any phone call, text message, email, receipts or other form of communication.
    3. It is a hirer’s responsibility to communicate to Unforgettable Proposals any health condition, symptom, dietary requirement, injury or safety concern that may affect your event.  
  3. Experience Styling
    1. Styling and experiences featured on the Unforgettable Proposals website, social media or other platforms are deemed a reasonable representation of the experience within the service area. Each event is subject to change and adjustments as judged appropriate by Unforgettable Proposals. 
    2. A client’s styling will be determined in the planning stages, subject to change where styling items may become unavailable, unsuitable for a location, weather, accessibility or safety

3. General

  1. Complete agreement – This Agreement constitutes the full and complete Agreement regarding the deposit process between the parties relating to its subject matter and supersedes any and all previous Agreements, understandings, negotiations and representations between the Parties. If there is a conflict or inconsistency between the terms of this Agreement and the provisions set out in any other document concerning the subject matter (irrespective of the form), the terms described in this Agreement will prevail to the extent of that conflict or inconsistency.
  2. Variation – This Agreement may not be changed or modified in any way unless provided to Unforgettable Proposals via email and approved by Unforgettable Proposals.
  3. Enforceability and severance – If any clause or any part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
  4. Parties consent to the Agreement being executed and enforced electronically.
  5. Governing law and Jurisdiction – This Agreement is governed by the local state laws and the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of its courts in any dispute concerning the subject matter of this Agreement.
  6. Independent Legal Advice – Each Party agrees that it has had an opportunity to read this Agreement, it agrees to its terms and, prior to executing it, it has been provided with the opportunity to seek independent legal advice about its terms.
  7. Survival – This Agreement, including without limitation the rights, consents and waivers granted in this Agreement, will inure to the benefit of each party and the successors, licensees and permitted assignees of each party.

4. Interpretation – In this Agreement, unless the context otherwise requires or permits:

  1. where a word or phrase has a defined meaning, other parts of speech and grammatical forms of that word or phrase will have a corresponding meaning; –
  2. the use of headings, are included for convenience only and do not affect interpretation of this Agreement;
  3. references to the singular includes the plural and vice versa;
  4. reference to “Parties” means the Parties or a Party to this Agreement and includes (as the context requires), that Party’s respective Personnel, agents, representatives, advisors, executors, administrators and successors;
  5. references to this Agreement include any schedules or other document expressly incorporated as amended, novated, supplemented, varied or replaced from time to time;
  6. references to any legislative provision will include modifying, consolidating, or replacing legislation or legislative provisions;
  7. the words “including” and “includes”, and words of a similar expression are not limiting;
  8. a requirement to do anything includes a requirement to cause that thing to be done, and a requirement not to do anything includes a requirement to prevent that thing being done;
  9. if the day on which any act, matter or thing is to be done under or pursuant to this Agreement is not a business day, that act, matter or thing may be done on the next business day.