The Wedding Hub NZ June 2017/18 Memorandum of Understanding.
As an unregulated industry attracting many start-up companies every year it is important to bring industry members who hold
integrity, quality and safety together.
2.1 Acceptance of the terms and conditions of this Agreement includes acceptance communicated by email or facsimile
between the parties provided that the member shall be deemed to have accepted the terms of this Agreement by becoming a
paid member until that membership is then completed and closed.
2.2 Payment into the Wedding Hub NZ is acceptance of this memorandum. It is the member’s responsibility to be kept
informed of any changes to the memorandum.
5. DEFAULT AND CONSEQUENCES OF NON-PAYMENT
5.1 Any money due by the member to the TWHNZ or another member pursuant to this Agreement will incur default interest at
a rate of 15% per annum from the date they are due until payment. In the member, this provision will remain in full force and
effect and shall not be deemed merged, waived or extinguished upon judgment so that this interest shall be payable at this rate
after any judgment.
5.2 The member further indemnifies TWHNZ against all loss, costs, including all recovery costs, expenses, demands or liability
whether direct, indirect, consequential or otherwise arising from the member failing to pay any monies that are due to the
TWHNZ by another member or customer of TWHNZ.
5.3 TWHNZ may at its sole discretion terminate this Agreement and the supply of Services should the member breach any of its
obligations to TWHNZ under this Agreement, including those relating to payment. TWHNZ will not be liable for any loss,
including consequential loss, the member has suffered because TWHNZ has terminated the Agreement pursuant to this clause.
6. Member WARRANTIES AND FURTHER OBLIGATIONS
6.1 Should there be more than one member attached to any membership agreement their liability under this Agreement shall
7. The Wedding Hub NZ WARRANTIES AND FURTHER OBLIGATIONS
7.1 TWHNZ will provide News Letters to the members throughout that membership.
7.2 TWHNZ will be available for liaison with the member at all reasonable times.
7.3 The Customer will assist the Dream Maker by giving their feedback on the Event when requested by the Dream Maker to do
8. LIMITATION OF LIABILITY
8.1 TWHNZ shall not have any liability or responsibility to the member for any loss, damage or injury, whether arising in
contract, tort, equity, or otherwise, including consequential loss, which does not flow directly or naturally (i.e. in the ordinary
course of things)
8.2 TWHNZ shall not have any liability or responsibility to the member for payment of any money owing by the member in
relation to another Provider’s Services other than to the extent that TWHNZ has been paid by the member for those Services.
9.1 The Member authorises TWHNZ to collect, use and retain any information about the Member and/or Guarantors for the
purposes of assessing the Member’s credit worthiness or marketing its products and services and may disclose said information
to appropriate persons or entities for the purposes of obtaining credit references, debt collection, initiatives, notifying a default
by the Member or for its marketing.
9.2 The member shall have the right to request TWHNZ for a copy of the information held by TWHNZ relating to the Member
and/or Guarantor. The Member and/or Guarantors may request TWHNZ to correct any incorrect information.
9.3 Where the Member and/or Guarantors are an individual the authorities under clause 9.1 are authorities or consents for the
purposes of the Privacy Act 1993.
10. INTELLECTUAL PROPERTY
10.1 All information provided by TWHNZ to the Member that is not otherwise in the public Domain shall remain the
confidential and intellectual property of TWHNZ.
10.2 All photographs, videos or other records of a TWHNZ related event, whether provided by the TWHNZ or its partners and
associates shall be treated as the property of TWHNZ and shall not be used in any way by the Member without the prior written
consent of TWHNZ and must have #tags and links to TWHNZ attached. (#theweddinghubnz)
11.1 In consideration of TWHNZ entering into the Agreement at the members(s)’ request, which the member(s) acknowledges
having made such request, the member(s) agrees as follows:
(i) To guarantee the performance by the member of the covenants of the member contained in this Agreement including
payment of sums due under this Agreement; and
(ii) To indemnify TWHNZ against any loss, including any consequential loss, TWHNZ might suffer due to the breach of the terms
of this Agreement by the member.
11.2 Each member is liable under this deed as a principal and not merely as a surety.
11.3 Acceptance of the terms and conditions of this member includes acceptance communicated by email or facsimile between
12.1 TWHNZ may at its sole discretion terminate this Agreement or the delivery of membership at any time before the
membership are completed by giving written notice to the member. On giving notice TWHNZ shall reimburse the member any
sums paid in respect of any membership and marketing not yet provided as required by this Agreement PROVIDED that TWHNZ
shall be entitled to be paid for services provided even if those Services are not all the Services to be provided under this
Agreement. TWHNZ shall not be liable for any loss, including consequential loss, arising from such termination. If a marketing
situation is in progress there will be no returned funds.
12.2 Should for any reason TWHNZ be prevented from providing its services to the member, including cancelation by the
member, then this Agreement shall come to an end PROVIDED that the terms stipulated in this Agreement to survive
termination or by their nature are intended to survive termination shall remain in full force and effect.
13. SPECIAL TERMS AND CONDITIONS
13.1 If any special terms and conditions are specified in the Schedule to this Agreement, in the event of any conflict between
the special terms and conditions terms and the general terms, the special terms and conditions shall prevail.
14. ENTIRE AGREEMENT
14.1 This Agreement constitutes the entire Agreement between the parties, superseding all proposals or prior Agreements
between the parties, oral or written, and all other communications between the parties relating to the subject matter of this
14.2 If any part of this Agreement is declared by any judicial or other competent authority to be unenforceable, invalid, or
illegal, the remaining provisions of this Agreement shall remain in full force and effect unless TWHNZ in its absolute and sole
discretion decides that the effect of such declaration will adversely affect TWHNZ’s rights, in which event TWHNZ shall be
entitled to terminate this Agreement immediately on notice to the Member and the provisions of this Agreement as they relate
to requirements on termination shall apply accordingly.
15. GOVERNING LAW
15.1 This Agreement shall be governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the courts of
15.2 All members are expected to understand and work to the standards of a Worksafe or equivalent Health and Safety at
Work Act 2015 (HSWA)
16.1 If any question or difference whatsoever arises between a Provider and the Member (or their respective representatives),
concerning this Agreement or any provision of it, or any Service, then and in every such case the matter in dispute shall be
referred to TWHNZ HQ or its nominee who shall receive such information as TWHNZ sees fit in TWHNZ absolute discretion and
TWHNZ (or its nominee) shall rule on the dispute and that ruling shall be binding on the member and their representatives.
16.2 Should any dispute arise between TWHNZ and the Member other than a dispute governed by the immediately preceding
paragraph then the parties shall, without prejudice to any other right or entitlement they may have pursuant to this Agreement
or otherwise, immediately explore in good faith whether the dispute can be resolved by agreement between them using
informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other alternative
dispute resolution technique. The rules governing any such technique adopted shall be as agreed between the parties or if no
such Agreement is reached within seven (7) days then as selected by the President for the time being of the Wellington branch
of the New Zealand District Law Society. Both parties agree to use all reasonable endeavours to achieve resolution in this way
and further agree that neither party will initiate arbitration without first pursuing such informal dispute resolution techniques.
16.3 In the event the dispute is not resolved by such Agreement within 14 days of written notice by one party to the other of
the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration by a
single arbitrator pursuant to the Arbitration Act 1996. The arbitrator shall be agreed between the parties within 10 days of
written notice of the referral to arbitration, or, failing agreement, appointed according to the default provisions of Schedule 2
of the Arbitration Act 1996. In either case the arbitrator shall not be the person who has participated in an informal dispute
resolution procedure in respect of the dispute. The arbitrator so appointed shall be obliged to proceed with the maximum
expedition to deliver an award within two months of his appointment, the parties agreeing to co-operate fully in this respect.
16.4 In the event of a TWHNZ member putting in a complaint about another TWHNZ member or employee or contractor
TWHNZ will follow similar proceedings to 16.3 to resolve the situation. If one member is found to be working against the
memorandum then a decision will be made on the entitlement of that member and its continued membership.
17.1 TWHNZ reserves the right to change the terms and conditions from time to time. The member will be deemed to have
accepted the new terms and conditions if, after the expiration of 10 working days, the member has not notified TWHNZ of their
17.2 No waiver by either party of any breach by the other party of this Agreement will be deemed to be a waiver by the
non-defaulting party of any other or subsequent breach of the same or a different kind under this Agreement or a continuing
waiver of the breach being waived.
17.3 All notices and other communications required or permitted under this Agreement shall be in writing and shall be
delivered personally, sent by post, by facsimile transmission or by email or personal social media access. Any such notice shall
be deemed given when so delivered personally, or if sent by facsimile or email transmission on the next following business day
in the country in which it is received, or the fifth day after sending by post within New Zealand, or the tenth day following
sending by post overseas at the address set out in the Schedule (or at such other address for a party as shall be specified). The
Member shall maintain a facsimile machine or email facility for the receipt and dispatch of notices under this Agreement.
17.4 If the Member is acquiring Services for the purposes of a trade or business, the member acknowledges that the provisions
of the Consumer Guarantees Act 1993 do not apply to the supply of Services by TWHNZ to the Member.
17.5 TWHNZ hold the RIGHT TO SHOWCASE: their work, and loves to showcase it to acquire new awareness to TWHNZ and in
turn to its Members and add confidence to future clients. We both share equal rights to all photos and video product – rights to
copy, edit, and display and share content with all relevant TWHNZ members and associates involved to the benefit of the
TWHNZ and its members.
17.6 TWHNZ is an industry membership based hub to encourage participation in cross promotions to high light our region as a
quality event destination and to equally high light New Zealand as a world class destination. It is expected that all members
take advantage of this effort and involve themselves in all social media activity by Liking, Sharing, adding Comment, # Tagging
and tagging other relevant business and contacts.
17.7 TWHNZ will make every effort to tag all members involved in a promotion on social media, however there are times that
this cannot happen and it is up to the individual member to tag their own business or name into content. Google has a higher
search result when posts add links, public and members make comments and share posts. The more interaction the better etc.
17.8 Due to the nature of our industry the Wedding Hub HQ and studio cannot guarantee opening hours. It is advised that
members and customers make an appointment to save disappointment.
17.9 TWHNZ studio can be hired by members to hold their own meetings, consultations, workshops and events. There is also
a Photography studio and equipment for hire. POA.
17.10 TWHNZ will bring together initiatives and invite members to take part. It is up to the individual member to decide if they
want to invest and be involved. By being involved you might be asked to give up time and/or product for that promotion. All
members involved will be recognised and promoted equally.
17.11 TWHNZ will organise venue show cases, Wedding Expo’s and the like and all members will be given advance choice of up
to 14 days to book exclusively their site or inclusion. A deposit must be paid to secure that special TWHNZ members only offer.
Members can unite for a joint complimentary site.
17.12 Because TWHNZ is in its conception there is a once only special offer of $160 + GST for all first-time members to manage
over heads. Prices will be reviewed on your second year of membership.
17.13 All members must pledge to TWHNZ code of ethics.
17.14 Any product or service promoted through TWHNZ Studio or showcases will hold a separate agreement to charges agreed
on a percentage of sales unless otherwise stated. These percentages will be deducted from any RRP or published price unless a
wholesale price is agreed.
17-15 All products for sale at TWHNZ Studio will be on a sale or return bases unless otherwise stated or agreed.
CODE OF ETHICS
The Wedding HUB NZ has been created to provide the industry members a supporting body of industry experts combining a
high quality of service, integrity and safety within the industry to the public and its members.
To maintain this level of professionalism and excellence all members of the Wedding Hub NZ accept and agree to the following
Wedding Hub NZ code ethics.
• members shall implement good ethical, reliable and competent conduct when providing a service or product, which
will protect the customer against unfair practices.
• members shall implement good safety principles to protect the public and other members
• members shall abide by all government regulations, safety acts, licenses and laws of New Zealand
• Members shall honour all agreements with customers, suppliers, and other TWHNZ members.
• Members shall strive to take advantage of all TWHNZ initiatives to improve their skills
• Members shall strive to take advantage of all TWHNZ cross marketing and bulk buying opportunities.
• members shall promote their personal professional experience, qualifications and awards truthfully.
• Members must clearly communicate regarding event packages, content, services, product, price where appropriate,
terms and conditions and disclosure.
• Members shall promote and represent TWHNZ to the highest of standards.
• Members will hold at least the minimum Public Liability insurance required to protect customers of any damage or
disaster. (TWHNZ has partners in this and can help)
• Members shall retain the moral rights in ownership of all intellectual property that TWHNZ members create unless
agreed otherwise in advance with our clients.
• Members will engage and promote other members whenever possible
• Members will hold all other members and customer’s information securely and in confidence and adhere to the New
Zealand privacy act 1993
• Members shall show the utmost consideration for other members by extending respect and co-operation within the
affairs of other members who may share information in confidence.
• Members shall maintain the trust of TWHNZ and member’s clients.
• In the case of a complaint members must follow the procedures set down by TWHNZ. First point of call contact head
office 0275268771 firstname.lastname@example.org
• Members shall without conditions accept business from a customer regardless of race, physical disability, religion,
sexual orientation, nationality, gender, age or gracefully pass on another TWHNZ member who can provide the
The Wedding Hub NZ