This article contains the entire understanding between Events Canberra (SERVICE PROVIDER) and the client (CLIENT). It supersedes all prior and simultaneous agreements between the parties.

  1. RESERVATION. Upon the deposit payment, the Service provider will reserve the time and date agreed upon. For this reason, 30% from the reservation deposit will be charged (as a booking fee and service charge) if the reservation is cancelled up to 30 days prior to the event. If cancelled or modified later or in case of no-show, the reservation deposit of 50% will be non-refundable. This entails cancellation for any reason, including acts of God, fire, strike, and any external event. The reservation deposit is to be paid at or prior to the time of signing the contract.
  2. PRE-EVENT CONSULTATION.
    1. The parties agree to a pre-event consultation before the event date in order to finalise the actual shooting times, locations, and Client’s request list (in writing) for specific photographs, video footage, and/or live streaming footage. The client will be responsible for, or have someone designated, to identify people of whom specific photographs, video footage, and/or live streaming footage are desired. The Service provider will not be held accountable for not shooting desired people if there is no one to assist in identifying people or gathering people for shooting.
    2. In a wedding event the bride and/or groom agree to set aside at least 60-minutes of time before the ceremony commencement of the wedding and a 60-minute time frame afterwards for photographs and/or video footage that cannot be obtained during the wedding, including group/family shots. If the bride’s or groom’s late arrival prevents this 60-minute window from occurring, the Service provider shall not be held liable for failure to take desired photographs and/or video footage.
  3. COOPERATION. The parties agree to cheerful cooperation and communication for the best possible results within the definition of this assignment. The Service provider is not responsible if key individual’s failure to appear or cooperate during photography and/or videography sessions or for missed photos and/or video footage due to details not revealed to the Service provider. The Service provider recommends that the Client designate an “event guide” to point out important individuals for informal or candid photographs and/or video footage to the Service provider during the event; that they wish to have covered.
  4. SHOOTING TIME /ADDITIONS. The photography, videography, and/or live streaming schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Service provider agree that cheerful cooperation and punctuality by all members of the event are therefore essential to that purpose. Shooting commences at the scheduled start time. The hours agreed upon as per the package chosen are from arrival at the location till packing up and leaving the location by the Service provider. Any additional hours spent by the Service provider at the request of the client or as a part of the nature of the event, shall be charged according to the quotation per hour in one-hour slots each.
  5. HOUSE RULES. The Service provider is limited by the guidelines of ceremony officials or reception/location site management. The Client agrees to accept the technical results of their imposition on the Service provider. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Service provider will offer technical recommendations only.
  6. RAW FOOTAGE, DIGITAL NEGATIVES, PRINTS and COPYRIGHTS. All raw footage, photographs, digital negatives, prints, and videos are protected by the Australian “Copyright Act 1968 (Cth)”. Service provider retains the copyright to all original and edited photos and videos. Client may reproduce any photos and/or videos in any manner they like for sharing and enjoyment of friends and relatives. Client must obtain written permission from the Service provider prior to the Client or their friends and relatives publishing or selling the photographs and/or videos for profit/business gains.
  7. MODEL RELEASE. The Client hereby grants the Service provider and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs and/or videos of the Client or in which the Client may be included, for editorial, advertising and competitions in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Service provider and his legal representatives and assigns from all claims and liability relating to said photographs and/or video footage. The Service provider agrees that the pictures and/or videos might not be used for any illegal, explicit, or unethical forms of advertising or any media of that nature which will result in damage to the client.
  8. DELIVERY. The Service provider agrees with the following timelines in order to deliver photos, videos, and/or any albums/other products agreed upon in the package chosen. All soft-copies of edited photos and video footage (where applicable) will be handed over to the client in approximately ten weeks from the final event date. In any case of prints, upon selection of the pictures, the Service provider will take a further three weeks to finalise and print the products agreed upon.
  9. MEDIA ARCHIVING.
    1. Upon receipt of all media such as but not limited to soft-copies, edited photos, videos, etc; Client accepts all responsibility for archiving and protecting such media. Service provider does not permanently archive photo/video files and usually have them removed from servers six months after final delivery. Service provider is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read such media provided. It is Client’s responsibility to make sure that digital files are archived and copied to new media as required.
    2. Service provider will endeavour to store all the raw footage for a period of 12 months after final delivery should the Client require further services from that footage.
  10. ARTISTIC STYLE. On its own behalf and on behalf of the subject: Client acknowledges that they are familiar with the Service provider’s portfolio and is requesting services with knowledge of the company’s style and that Events Canberra work is constantly evolving; that the Service provider’s services are of a unique and artistic nature; that the photos and/or videos may be different from previous work done by the company in the past and that in creating the outcome we shall use our own creative artistic judgement to create media consistent with our personal judgement and consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the production shall not be subject to rejection on the basis of taste or aesthetic criteria.
  11. EXCLUSIVITY/ GUEST PHOTOGRAPHY and VIDEOGRAPHY.  In a wedding event, it is understood that the formal photography and/or videography time is for the exclusive use of the Service provider to capture the formal wedding portraits and videos. Because of time constraints and the need for subjects to give full attention to the professional photographer and/or videographer, guest photography and/or videography cannot be permitted during the formal photography and/or videography time. If time permits, the Service provider will make opportunities throughout the formal photography and/or videography for guests to take photos and/or videos. Otherwise, guests are welcome and encouraged to take photos and/or videos at any time throughout the event provided that they do not hinder the duties of the Service provider.
  12. LIVE STREAMING.
    1. All live streaming (or live streaming related) packages chosen are a supplement to the core photography and videography package chosen. Therefore, all aforesaid conditions in relationship to photography and videography applies to live streaming services as well. The Client agrees that the Service provider will not be held responsible in the event that the sounds or sound systems available at the venue is of inferior quality that will directly result in a poor audio output for both videography and live streaming products. The above also corresponds to the external video outputs provided by third parties other than the service provider.
    2. In such events where the client has recommended or has made arrangements for a third-party service provider to cover another aspect of the event, the client agrees that the Service provider is not held responsible for any delays/ loss or damage to any or part of the event coverage caused by their (third party’s) direct conduct. The Service provider only elects to coordinate with the third-party service provider in terms of arranging and ensuring timely presence on the day of the function.
  13. CONDUCT & COORDINATION. The Client is responsible for the conduct of their guests. Coordination with other service providers is necessary to complete all the photography, videography, and/or live streaming as scheduled. The clients should share the photography, videography, and/or live streaming schedule with other third-party service providers to make sure that there are no conflicts with times. In addition, acts during the event day should be planned to make the best use of time from all vendors. the Service provider will not tolerate verbally or physically abusive behaviour, nor will share their time or compete with guest photographers/videographers for the attention of the subjects. Unchecked guest conduct that interferes with photography, videography, and/or live streaming will seriously affect the quality of the final products and increase the number of photos and/or videos that must be created. If the Client is unable to control the conduct of their guests or if the conduct of any of their guests damages the equipment of the Service provider, it will result in the early or immediate departure of the Service provider without any liability on their end and the Service provider has the right to claim reimbursement for any or all damages inflicted as a result.
  14. HOSPITALITY.
    1. A dedicated table should be made available for the Service provider with easy access to an electrical outlet (VERY IMPORTANT) with no less than seating for four people. The table need not be decorated. But a reserved board identifying that the table is allocated for the Service provider is necessary. The Service providers will be allowed one 20 minutes break at their own discretion and bathroom breaks when necessary. Each photographer, videographer and/or operator will be provided a full guest meal for events lasting longer than 4 hours. If no meal is provided the Service provider reserve the right to go off-site for a meal for 45 minutes. In a wedding event, it is highly recommended that the Service providers are allowed a meal directly after bridal party to ensure they are finished eating by the time the next activity is scheduled.
    2. In a live streaming event, it is essential that the client should arrange a separate table for the live streaming console set up with seating for minimum of three people. The table should also have easy access to an electrical outlet.
  15. RIGHT OF WITHDRAWAL. The Service provider’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Noncooperation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the Service provider initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided and opportunity loss (Min. AUD 150).
  16. LIMIT OF LIABILITY. In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different Service provider. The Service provider will make every possible effort to secure a skilled replacement service provider. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. The Service provider takes the utmost care with respect to exposure, transportation, and processing the photographs and/or video footage including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs and/or video footage have been lost, stolen, or destroyed for reasons within or beyond the Service provider’s control (other than force majeure), the Service provider’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
  17. AFTER SERVICES. The service provider will provide after services related to a project/final product up to three months from the final delivery.
  18. PERFORMANCE. The performance of these terms and conditions on behalf of the Service provider shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
  19. AMENDMENTS. The terms and conditions in this article shall be recognised as the entirety of the agreement and can be freely negotiated, and only those changes or modifications specifically negotiated by the Client and the Service provider at the time of the deposit payment or subsequently shall be recognized as amendments to the above.

 

Have questions?

Contact us at info@eventscanberra.au for questions and/or concerns related to the above Terms and Conditions.