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 immediately in writing.
2. Should any delay or postponement of the event or alteration of event timetable occur, Moving Memories reserves the right to add such additional fees as are necessary.
3. The inability to complete the agreement by Moving Memories 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 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 includes in the price all taxes applicable to this agreement.
6. Should the client(s) or it’s agent supply to Moving Memories any music, information or details that are incorrect of a standard that is inappropriate, Moving Memories may at its discretion decline to use such music, information or details but if so used the client(s) shall not hold Moving Memories liable or any hurt, damage, cost or action arising out of the use of such music, information or details.
7. Moving Memories reserves the right to edit the event to its discretion.
8. Copyright in the photographic and video material remains the property of Moving Memories at all times.
9. Moving Memories 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 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 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. 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 has informed the client(s) of the completion of the agreement, then Moving Memories 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 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 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 at it’s discretion at a rate from $40 per month. Fees on any outstanding balances may be charged by Moving Memories 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 for any third party to collect outstanding payments shall be a fee that Moving Memories 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 may occur where Moving Memories 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 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 for any venue use shall be a fee that Moving Memories shall recover from the client(s) in addition to the agreement price.
Moving Memories ® Video + Photography 1 William St Earlwood NSW 2206
mb 0411 322 995