Terms and Conditions - Moving Memories Australia

Moving Memories Agreement, Terms and Conditions

All work including but not limited to video production and photography services are subject to the following terms and conditions unless otherwise arranged in writing prior to the works produced.

1. The client(s) warrants that the event details and personal details supplied in this agreement are true and correct. Any changes in the event details listed or personal details of the client(s) shall be advised by the client(s) to Moving Memories ® Australia immediately in writing.

2. Should any delay or postponement of the event or alteration of event timetable occur, Moving Memories ® Australia reserves the right to add such additional fees as are necessary.

3. The inability to complete the agreement by Moving Memories ® Australia due to personal accident, illness or other reasons beyond the service providers control entitles the client(s) to a return or crediting of monies applicable to that part of the agreement not performed.

4. In the event of malfunction of equipment, video tapes, loss of sound and/or picture in the work to be done pursuant to the agreement, the client(s) will not hold Moving Memories ® Australia liable except to the extent of the agreement price and if part only of the agreement is not completed, to that part included in the price.

5. Moving Memories ® Australia includes in the price all taxes applicable to this agreement.

6. Should the client(s) or it’s agent supply to Moving Memories ® Australia any music, information or details that are incorrect of a standard that is inappropriate, Moving Memories ® Australia may at its discretion decline to use such music, information or details but if so used the client(s) shall not hold Moving Memories ® Australia liable or any hurt, damage, cost or action arising out of the use of such music, information or details.

7. Moving Memories ® Australia reserves the right to edit the event to its discretion.

8. Copyright in the photographic and video material remains the property of Moving Memories ® Australia at all times.

9. Moving Memories ® Australia shall be supplied with all information, details, locations and times as it deems necessary for the completion of work under this agreement.

10. Any dispute arising out of this agreement may be referred to an arbitrator appointed by the President of the Australian Video Producers Association, who shall take written submissions from the client(s) and Moving Memories ® Australia and who shall within a timely manner decide the dispute and advise the parties of the decision. The decision of the arbitrator is final and binding upon Moving Memories ® Australia and the client(s).

11. Where any fee, levy or cost is incurred after the date of this agreement, such fee, levy or cost being an Australian or State Government ruling then that fee, levy or cost shall be the responsibility of the client(s) upon the client(s) being advised in writing by the service provider.

12. A non-refundable booking fee is payable on your acceptance to our agreement. Payment in full of the agreement price shall be made by the client(s) before collection of any of the works material, the subject of this agreement, and such works material may be withheld until payment is made at the discretion of the service provider. Where any works material has not been collected by the client(s) within three (3) months after Moving Memories ® Australia has informed the client(s) of the completion of the agreement, then Moving Memories ® Australia may at its discretion charge a storage or archival fee and/or destroy any materials and/or reuse the video tapes or other materials at its discretion.

13. No act, thing, omission, malfunction of equipment or theft of equipment, which in any way affects the subject matter of this agreement shall constitute a breach of this agreement; to the extent that a portion of this agreement is unable to be completed Moving Memories ® Australia may at its discretion refund or credit a proportion of the agreement price to the client.

14. Any claims must be made in writing by the client(s) to Moving Memories ® Australia within 7 days of collection of the works material. No claim shall be made by the client(s) for damages and/or loss due to breech of the agreement except to the extent of the agreement price.

15. Any works not collected within 90 days may be charged by Moving Memories ® Australia at it’s discretion at a rate from $40 per month. Fees on any outstanding balances may be charged by Moving Memories ® Australia at it’s discretion at a rate from $30 per month. Any outstanding payments not paid on time may be referred to a debt collection agency or similar third party to recover payments from the client(s). Any fee required to be paid by Moving Memories ® Australia for any third party to collect outstanding payments shall be a fee that Moving Memories ® Australia or it’s debt recovery representative shall recover from the client(s) in addition to the agreement price.

16. Assignment of the work of Moving Memories ® Australia may occur where Moving Memories ® Australia is unable to complete the work for any reason and such assignment shall not constitute breach of this agreement.

17. Where necessary the client(s) shall obtain the signature and consent of any third party to this agreement as is required by Moving Memories ® Australia and such third party consent and signature means that the third party is responsible for the clients’ performance of this agreement including payment of any monies owing.

18. The third party shall be supplied with a copy of this agreement.

19. Any fee required to be paid by Moving Memories ® Australia for any venue use shall be a fee that Moving Memories ® Australia shall recover from the client(s) in addition to the agreement price.

Moving Memories ® Video + Photography
1 William St Earlwood NSW 2206 Australia
mb 0411 322 995
www.movingmemories.com.au

MOVING MEMORIES® is a regd. trademark & protected by federal law in Australia & it’s territories
see more about our Terms and Conditions at movingmemories.com.au/terms-and-conditions

Moving Memories ® Australia: Image, Video and Content Rights | Usage Terms

All images, video and content contained herein (unless otherwise indicated) are copyright to

Moving Memories ® Australia
1 William St, Earlwood NSW 2006 Australia
www.movingmemories.com.au
info@movingmemories.com.au

When we produce images, videos, or content for a third party—whether free of charge or as part of a paid service, the following terms apply:

1. Grant of License

Moving Memories ® Australia hereby grants the client a non-exclusive, non-transferable licence to use the provided images, videos, and content (collectively, “media”) for the following purposes:
– Personal use, including but not limited to, private display in a home or personal digital devices.
– Public display, if part of a personal event where no access or admission fee is charged.

2. Restrictions

The client shall not:
– Use the media in any way that could be considered defamatory, libellous, obscene, immoral, or illegal.
– Sell, redistribute, or use the media for commercial and/or non-commercial purposes without obtaining an appropriate licence.
– Alter, edit, or manipulate the media without prior written consent from Moving Memories ® Australia.

3. Copyright Notice

All media remains the intellectual property of Moving Memories ® Australia. Any use of the media, including but not limited to publishing on the internet or social media channels, must include a visible credit to Moving Memories ® Australia unless otherwise agreed upon in writing.

4. Duration of Terms

These terms are in effect indefinitely from the date of receipt of the media by the client.

5. Termination

Moving Memories ® Australia reserves the right to terminate this licence at any time if the terms of usage are violated.

6. Governing Law

These terms shall be governed by the laws of the state of New South Wales, Australia.

7. Acknowledgment

By using the media provided by Moving Memories ® Australia, the client acknowledges that they have read, understood, and agreed to these terms.
Reproduction in any manner for commercial purposes including and not limited to electronic or printed form is strictly forbidden without the written consent of the copyright owner, Moving Memories ® Australia.

By using the contents herein you are agreeing to be bound by the terms of this agreement. Permission is explicitly denied for any publication of any photographs, text or video herein without the prior express written consent of the author, Moving Memories ® Australia. This includes publishing in print and on the internet for commercial purposes. Where any content contained herein are used on social media pages and/or anywhere else online, credit must be given to Moving Memories ® Australia.

Each of the images and videos contained herein have been digitally “watermarked”. If you have any questions about these guidelines please contact us.