DIRECTORS EDGE TRADING TERMS AND CONDITIONS
VIDEOGRAPHY
TERMS AND CONDITIONS
Thank you for choosing DIRECTORS EDGE (ABN 21 207 326 158) (hereafter ‘our’, ‘we’, ‘us’, ‘the Videographer’) for your event (hereafter ‘the Event’) on a particular day (‘the Booking’).
This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use our goods and services as described in clause 1 of this Agreement and supplied by us (‘the Terms’).
These Terms are important because they set out the rights and obligations of you as our Client, when making a Booking for the date specified on our invoice (‘the Booking Date’). Please read the Terms carefully before making your booking with us, or before receiving any of our goods and services.
Your Booking is confirmed once you have accepted these Terms. However, in the event that you do not execute these Terms but you pay the Booking Fee outlined in Clause 3, you confirm your agreement to be bound by these Terms. This Agreement expressly supersedes all prior agreements or arrangements with you and constitutes the entire agreement between us and you.
1. Scope of Goods and Services
1. We provide professional videographic goods and services that are outlined in your invoice, and may be as follows
(a) consultation in relation to the provision of the services at your Event;
(b) provision of videographic services on the day; and/or
(c) digital and/or physical output,
(hereafter ‘the Goods and Services’).
2. Expression of Interest
2.1. You acknowledge that until a Booking Fee is paid, your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement to provide goods and services on any proposed Booking Date.
3. Booking Fee
3.1. We will provide you with an invoice setting out the total invoice amount (‘the Price’) for the Booking. The Price is subject to change in accordance with these Terms.
3.2. You must pay a non-refundable booking fee of $1000 for your Booking Date to be confirmed (‘the Booking Fee’).
3.3. Such Booking Fee is non-refundable unless otherwise provided by these Terms. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not
limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.
3.4. The Booking Fee is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within the Terms), and the variation of your Booking Date constitutes a new booking, subject once
more to further terms, whether the same or varied.
4. Payments
4.1. You agree to make payment of the Price for our Goods and Services. This amount will be provided in an invoice and may include any other further charges incurred in accordance with the Terms.
4.2. You are required to pay for the Goods and Services as follows:
4.2.1. The Booking Fee as outlined in Clause 3; and
4.2.2. Further part payment of 25% of the total quote for the collection three (3) months prior to your booking date (‘the Progress Payment’); and
4.2.3. The remainder of the Price (being ‘the Final Payment’) due fourteen (14) days prior to your Booking Date;
4.3. Any payments made to us will be made via direct deposit, Credit Card or Third Party Payment Provider, or as directed by us.
4.4. Failure to pay the Final Payment means that we may terminate, suspend or withhold the provision or performance of Goods and Services until such payment is made.
4.5. We reserve the right to increase the Price where there are any last-minute changes to your requirements, extra goods, additional hours or increase in labour. The additional charges are payable within seven (7) days of that extra
invoice, unless it is already contained in the original invoice.
4.6. If any payment is not made when due, you shall pay all costs that I incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal
fees, court filing changes and any other expenses of whatever nature incurred by me in collecting or attempting to recover all of part of the debt.
4.7. If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST
payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
4.8. If relevant, where the Booking requires travel for us, you are required to pay any applicable travel fee included in the Price and outlined in the invoice.
4.9. Where it is that your Event on the Booking Date is behind schedule or we are asked to remain at the Event, it will be our discretion as to whether we stay for the later time. Where this does occur, there will be a fee payable by you of
$200 per hour of extra coverage.
5. Cancellation or Postponement of Booking
5.1. You may cancel the Booking at any time, by notifying us in writing and by doing so, you forfeit the Booking Fee.
5.2. Where you give proper notice, being more than one hundred and twenty (120) days’ notice from your Booking Date (‘Proper Notice’), any monies paid beyond the Booking Fee will be returned to you as soon as reasonably
practicable. Upon providing Proper Notice, you may also postpone your Booking to a date mutually agreed between you and us. If a date is agreed, your Booking Fee is able to be transferred to that new date. Where reasonable
attempts have been made to find a mutually acceptable future date and parties are unable to agree, we may retain the Booking Fee in accordance with the terms of this Agreement.
5.3. Where Proper Notice is not, or cannot, be provided, your Booking is treated as cancelled. Any monies paid, including the Booking Fee, and if relevant the Final Payment, will be retained by us, unless otherwise agreed. Such
decision will be made at our sole discretion.
5.4. In instances where you wish to postpone, regardless of whether Proper Notice is provided, you are allowed only one postponement. The new Booking Date must be within twelve (12) months of the original Booking Date
otherwise your Booking is considered cancelled.
5.5. You must have an inclement weather plan which allows for an indoor option. Refunds will not be given in the event that inclement weather impacts your event, unless such weather event falls within the definition given in Clause
21. In those instances, the remedy in Clause 21 will apply. Where you wish to cancel or postpone your Event Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.
6. Creating the Footage
6.1. You acknowledge that we are not responsible for poor audio if you, or any person who is partaking in the ceremony or reception (including the celebrant if the event is a wedding) chooses not to wear a lapel microphone.
6.2. You acknowledge that in order to avoid dark or grainy video, we may need to use lighting. Where footage may be impacted by poor lighting, we may also direct you, or others who are being filmed, to relocate to a place where
there is better lighting. Where you, or another person, refuse to allow lighting at the reception, or refuse to move to another location, we cannot be responsible for the quality of the footage.
6.3. You acknowledge that we cannot be held liable for electrical or mechanical malfunctions on location that are beyond our control.
6.4. You acknowledge that you are familiar with our portfolio and are requesting Goods and Services with knowledge of our style. You acknowledge that our work is constantly evolving and that our Goods and Services are of a unique
and artistic nature. You acknowledge that the videos may be different from videos done by us in the past and that in creating the videos, we shall use our own creative artistic judgment to create videos consistent with personal
judgment and consistent with our vision of the Event, which may be different from your vision of the Event. Accordingly, you acknowledge that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria. 6.5. You acknowledge and accept we will work with you to carefully plan the videography to capture the events of the Clients Wedding, however we can only guarantee certain events will be covered if it has full control over the filming
of event.
6.6. The client agrees to provide The Videographer with written confirmation of significant events planned for the wedding when making The Progress Payment. Such events include (but are not limited to): religious rituals during the
ceremony, traditional dances at the reception or during preparations, releasing of doves or butterflies or similar;
6.7. Any artistic requests (or specific shot requests) of the Client must be notified in writing to the Videographer no later than the final contact between the Photographer and the Client before the wedding. While the Videographer will
make every reasonable effort to comply with the Client’s requests, the Videographer reserves the right to use artistic judgement in the final captured footage.
6.8. The Videographer and Client further agree that that the Videographer cannot be held responsible for any specific image that may not be delivered. Any failure by the Videographer to deliver any specific shot/footage shall not be a
breach of this Agreement and shall not result in a refund of any money paid by the Client to the Videographer, and the Videographer shall not provide any other remedy to the Client.
6.9. The Client assumes all responsibility for compromised coverage due to causes beyond The Videographers control, such as other guests cameras or flash, the lateness of the bride, groom, family members and bridal party members,
weather conditions, schedule complications or restrictions imposed by the venue. 6.10. The Client agrees to advise their photographer of the engagement of The Videographer, and request that the photographer refrains from
utilising video functions on their cameras. The Videographer will work in conjunction with The Clients photographer and venue manager to achieve the best results possible. The Videographer will not be held responsible if the
cooperation of other service providers or venue manager is not given, or is obstructed by any person (including guests) whilst capturing footage.
7. Delivery of Footage
7.1. Post Production will commence once all production materials and final payment has been received by The Videographer.
7.2. We pride ourselves on giving quality footage, therefore footage can take a minimum of twelve (12) weeks to edit and/or complete. The Videographer can extend this time at its discretion during peak wedding times.
7.3. The Client acknowledges The Videographer does not edit alongside The Client and will leave the artistic and creative direction to The Videographer. The films provided to The Client are finalised. The Videographer does not provide
‘draft’ edits.
7.4. After your Booking Date, we will provide you with a Digital Link to view and download your completed films included in your chosen package. This link will contain video of a professional standard that ensures our professional
integrity is upheld. It remains at our discretion as to which footage is deemed not usable.
7.5. The Client acknowledges if you request further editing following the delivery of the final product, such editing is charged at the rate of $210.00 per hour with a minimum charge of two (2) hours.
7.6. No edit requests will be taken after two (2) weeks from the date we have provided all footage to you via email as all footage will be archived after this time.
7.7. Unedited files, RAW video footage and audio files are not available for viewing or purchase.
7.8. We will archive footage for twelve (12) months, after this time the footage may be deleted. We cannot guarantee extra copies of footage once the files have been handed to you. It is your responsibility to ensure you back up your
files to a hard drive/internet storage in case you lose/damage your original copy of the files.
7.9. If you need to obtain another copy of the footage there will be a charge of $300.00 to you to recover your footage from the archives.
8. Intellectual Property
8.1. All intellectual property in the footage produced by us is owned by us and protected under all relevant Copyright Laws (with all rights reserved) and may not be reproduced, duplicated or altered in any manner without our express
permission prior to it being done.
8.2. You must not edit, change, add to, take from, crop, alter or otherwise amend the footage without our prior consent. You must also ensure that when making the footage publicly accessible on social media, that no filter or editing
mechanism is used to alter the footage.
8.3. Upon final payment by you, we will assign to you a non-exclusive license to use the footage under the following conditions:
8.3.1. Final footage is for personal use and for the purposes of the reproduction and distribution of footage to friends and relatives only;
8.3.2. You must obtain written permission from us and compensate us prior to the publishing of or selling any footage by us for profit or attribution (whether by family, friends, other suppliers, agencies or publishing outlets). You
are unable to use any of the footage for commercial or editorial purposes or enter any footage into competitions without our prior express written permission.
8.3.3. Any uploading of footage to social media must be accompanied by a link to the website, Facebook page, Instagram page or any other social media platform belonging to us.
9. Model Release
9.1. You hereby assign and grant us the irrevocable and unrestricted right to
(i) use and publish footage of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium;
(ii) to alter the same without restriction; and (iii) to copyright the same.
9.2. You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in footage so as to ensure that we can use and publish the footage of those persons.
9.3. You must inform us in advance of any persons at the Booking that do not wish to, or cannot, be filmed, for whatever reason. These persons must be then identified on the Booking Date to us.
9.4. You hereby release us and assigns from all claims and liability relating to said footage. it is agreed that we may display and use the footage taken for advertising, display, website and internet promotion, videography or film
contests, public display and any other purpose thought proper by us.
10. Use of Drone
10.1. Should part of the Goods and Services to you include the use of drone in video or photography for your Booking, we are required to use such drone in accordance with the laws of the state where the footage is being taken. This includes laws relating to aviation. Drone footage will only be used where legally and safely allowed. We have the right to refuse any request from you where such drone use would be in breach of any legislation or regulations with respect to its use.
10.2. You acknowledge that the use of the drone will depend on weather conditions on the day, such as rain and wind speed. It is at our entire discretion as to whether the weather conditions are suitable enough to use the drone.
11. Use of Live Streaming
Should part of your Goods and Services include the use of live streaming, you acknowledge that these Goods and Services are subject to the availability of internet, internet service speed, and audio capacity. We do not warrant that the live streaming will be available at all times during your ceremony or event. We do not warrant that the live streaming will be without interruption or distortion, both visually and audibly.
12. Cooperation
The parties agree to positive cooperation and communication for the best possible result. We are not responsible for key individuals’ failure to be present or to cooperate during filming sessions, neither for missed footage due to details not revealed to us. We recommend that you designate an “event guide” to point out and gather specific individuals to us, whom you wish to include in formal, informal or candid footage.
13. House Rules
We are limited by the guidelines of the ceremony official or the reception site management if applicable. You agree to accept the technical results of their imposition on us. Negotiation with the officials for moderation of guidelines is your responsibility.
14. Exclusivity/Guest Filming
14.1. It is understood that we will act as the sole and exclusive Videographer on the Booking and that we may, if we consider it necessary, engage additional Videographers for the Booking.
14.2. You acknowledge that flashes from guest cameras may ruin footage taken by us.
14.3. It is your responsibility to ensure that guests are not interfering with our filming efforts. No other guest or videographer using professional videographic or photographic equipment must not be allowed at any time during the
Booking if its use is interfering with the quality of footage taken by us.
15. Guest Cooperation
15.1. We will not tolerate verbally or physically abusive behaviour, nor will we share our time or compete with guest Videographers for the attention of the subjects. Unchecked guest conduct that interferes with the videography may
seriously affect the quality of the footage taken and increase the number of times footage must be re-taken. If you are unable to control the conduct of your guests, resulting in an unacceptable degree of misconduct, or if the
conduct of any of your guests damages our equipment, it may result in our early or immediate departure. You understand that in such an event, no refunds will be granted.
15.2. You shall make every reasonable effort to cooperate with us in order for us to provide the Goods and Services for the Booking. We shall not be responsible for the quality of footage or lack thereof if you or your guests refuse to
cooperate with our instructions. If either member of you is unable to be present for all agreed upon times (due to lateness or any other reason outside our control) we shall not be held liable for failure to take desired footage.
16. Hours of Coverage
16.1. Hours of coverage are continuous. The videographer will take small breaks as necessary throughout this period. A minimum of 4 hours is required for these goods and services at a minimum cost of $2650 inc GST.
16.2. Additional hours of coverage (beyond what is included in The Clients package) will be charged at $200.00 per hour. We will notify you on the day/night of the event when videography coverage is ending. We will only stay on for
additional hours, at our discretion, and when given approval by you. In this case an additional invoice will be issued to you.
17. Meal for Videographer
17.1. You shall provide a meal for the Videographer, any assistants and/or contracted “second shooter.” It is your responsibility to advise us of any significant events during mealtime before they take place, as we will not take
responsibility for any moments missed during this time.
17.2. If no meal is to be provided and meals are not available for purchase at the reception venue, the Videographer reserves the right to depart the reception location in search of a meal for a temporary period of no more than thirty
(30) minutes every four (4) hours. Failure to video festivities, persons or events that take place in the absence of a videographer due to a meal being sought are not our responsibility.
18. Safety
18.1. You shall agree, while working with us at your Event, you are not to undertake any illegal or dangerous activities that threaten our safety and well-being.
18.2. We reserve the right to refuse to operate equipment in locations or environments which may result in personal injury or damage to equipment.
18.3. Unless legislation provides otherwise, it is your responsibility to ensure the venue, and its other vendors, are following government regulations with respect to COVID-19 and any other health-related directions, including those
restrictions relating to gatherings and social distancing.
18.4. If these regulations are not strictly adhered to and we feel the personal safety of our employees or contractors are at risk, we reserve the right to cease the performance of our duties, exit the Event and you will forfeit any fees
paid.
18.5. We are not responsible for the failure of the event participants and guests to follow government health regulations (including those restrictions relating to gatherings and social distancing). To the fullest extent permitted by law
you agree that we will not be liable to you or any person for any claim resulting from issues relating to COVID-19 and the following of mandatory rules and regulations relating to the same.
19. Subcontracting of Services
19.1. In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments
received for the Booking.
If the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and any monies, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date
can be provided which has resulted from a force majeure event, we will credit any amount paid already for a date that can be mutually agreed. Otherwise all money will be returned but for the Booking Fee.
19.2. Regardless of reason for postponement, you are only allowed one postponement only. The New Booking Date must be within twelve (12) months of the original Booking Date otherwise your postponement will be treated as a new
Booking.
19.3. If you choose to book again and an event beyond our control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and we will not be liable for any loss suffered as a result of
the failure of your second booking to proceed. We are under no obligation to provide a further date as a result of any cancellation or postponement.
20. Warranty, Liability and Indemnity
20.1. To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or
otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
20.2. Subject to clause 20.1 above, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services,
howsoever caused save for the event we have contributed to such loss or damage or injury.
20.3. We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or
consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote,
abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
20.4. To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:
(a) Any act or omission by you;
(b) Any breach of these terms; and
(c) Any third party claim against us;
arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.
21. Force Majeure
21.1 We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited
to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
21.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations
under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.
21.3. In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. If the parties are unable to agree on an alternative date, the Booking will be
considered cancelled, and any monies, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, we will credit
any amount paid already for a date that can be mutually agreed.
21.4. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual
cancellation clauses in these Terms apply.
21.5. Regardless of reason for postponement, you are only allowed one postponement only. The New Booking Date must be within twelve (12) months of the original Booking Date otherwise your postponement will be treated as a new
Booking.
21.6. If you choose to book again and an event beyond our control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and we will not be liable for any loss suffered as a result of the
failure of your second booking to proceed. We are under no obligation to provide a further date as a result of any cancellation or postponement.
21.7. If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies
apply.
22. Disputes
22.1. Both parties agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.
23. Termination
23.1. We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:
(a) we experience harmful or threatening behaviour;
(b) you fail to provide instructions or cooperate with requests for information;
(c) any invoice rendered by us remains outstanding;
(d) you breach a term of this agreement which is not capable of remedy;
23.2 You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice
from you requiring the breach to be remedied.
24. Governing Law and Jurisdiction
24.1 Any Agreement between us is governed by the laws of the state of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts in respect
of any proceedings in connection with any Agreement.
25. Severability
25.1. If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.
26. Miscellaneous
26.1. If any provision of this Agreement is unenforceable, the provision will be severed and the remaining provisions will continue to apply.
26.2. We may assign any rights or benefits under this Agreement to any third party.
26.3. You may only assign any rights or benefits under this Agreement with our prior written consent.
26.4. This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision
of this Agreement.
27. Execution by Parties
This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.