2. PAYMENTS

2.1 First Payment

2.1.1 Payment of the First Payment

The First Payment is payable by you to secure the Event Date to the exclusion of all others. You acknowledge and agree that, unless otherwise stated, the First Payment is non-refundable and non-transferable and represents the loss which we will suffer for reserving the Event Date to the exclusion of other interested parties.

You acknowledge and agree that the First Payment does not and cannot constitute a penalty and undertake not to make any claim or demand in this regard.

2.1.2 Reservation of Event Date

The Event Date will be held tentatively until such time as you accept the terms of this Contract and pay the full First Payment.

We reserve the right to release the date we have held for the Event with 5 days prior notice and allocate the date to another client whilst the full amount of the First Payment remains unpaid.

If the Event Date is released and allocated to another client, then this Contract will be deemed terminated and any amounts paid are non-refundable.

2.2 Payments

The full Package Price including the First, Second and Third Payments, as set out on the Event Form must be paid in full 30 days before the Event Date and are non-refundable. Payment of these prices is an essential term of our Contract therefore, if payment in full is not received at least 30 days prior to the Event then we reserve the right to release the Event Date and allocate it to another client in which case we will not be liable for any loss or damage you may suffer.

Any Extra charges as detailed in this Contract which may be incurred during or after the Event will be invoiced and are payable within 7 days of receiving the Invoice.

2.2.1 Extra Charges

Additional charges may be payable by the Client for any further editing, correction or requests following the completion of the Final Album.

Any product, service or item not specifically written as inclusions in this Contract, including but not limited to pre-event shoots, enlargements, day shoots, night shoots, event highlight photos, additional pages added to the Final Album and extra copies, will be charged to the Client at the rate of $250 per hour or as further agreed between the parties.

If the Client’s wedding album design exceeds 12 months after the first draft, the Client agrees to pay a fee of $1,350.00 plus GST.

2.3 Default

(a) Without prejudice to any other remedies available to us, if at any time you are in breach of any obligation (including obligations of payment), and you fail to remedy that breach within 5 days of receiving notice from us of the breach, then we may terminate our Contract and we will not be liable for any loss or damage you may suffer as a result of the termination.

(b) You agree that if we terminate our Contract for a breach of any term of this Contract, then such termination shall constitute a cancellation by you as at the date of termination, whereupon Cancellation Fees will immediately become due and payable, as detailed in this Contract.

(c) You agree that interest on overdue payments and any Cancellation Fees shall accrue daily from the date when the payment is due, until the date of actual payment, at a rate of 2.5% per calendar month and such interest shall compound monthly at such rate up until the date of actual payment.

(d) You agree to indemnify us and keep us indemnified from and against all legal costs and expenses we may incur in pursuing the payment of any outstanding costs, charges, and cancellation fees, or in connection with any breach or non-compliance of this Contract.

2.4 Payment Methods

Package Prices are exclusive of GST. Payments transferred to the account of the Photographer will incur GST. Unless otherwise stated, all amounts payable under this Contract are non-refundable.

3. THE CLIENT

3.1 Client’s Responsibilities

3.1.1 The Client agrees to meet with the Photographer and/or its representatives at least seven days prior to the event date for the Client to provide clear instructions and details to all event locations, special requests, and times of separate events.

3.1.2 The Client agrees that the Photographer is the exclusive official photographer of the event and all others taking photographs must do so only at the discretion of the Photographer.

3.1.3 The Client acknowledges that they have viewed, inspected, and considered similar samples as to nature, quality, purpose, and standard of the Items provided by the Photographer to the Client. The Client acknowledges and agrees that it is satisfied with the samples.

3.1.4 The Client agrees that the Final Album will be released to them upon full payment of any outstanding balance. The Client shall sign a confirmation of receipt of the Final album where required by the Photographer.

3.1.5 The Client acknowledges that some or all the Items take considerable time to be produced by the Photographer both prior to and following the event date and that the cooperation, proper assistance and guidance of the Client is required to do so.

3.2 Client’s Time Constraints

3.2.1 The Client must, within 14 days of the Photographer giving the Client all digital files and photos of the event, provide the Photographer with all the Client’s selected and preferred photos and any suggestions to enable the Photographer to progress to completion of the Items.

3.2.2 Should the Client fail and/or decline to provide the Photographer with its selected and preferred photos within three months of receipt of the digital files, the Client is liable to pay the Photographer a fee of $350 plus GST for the redesign and completion of the items.

3.2.3 The Photographer estimates to produce the Items to the client within 3 months after the approval by the Client of the draft items subject to the Client fulfilling its obligations in a timely, proper, and reasonable manner as described in this Contract.

4. LIABILITY AND INDEMNITY

4.1 Clients Indemnity

You agree to indemnify us (and keep us indemnified) from and against all Claims for which we shall or may be or become liable or suffer in respect of

(a) Damage to our property arising out of or in connection with the Event except to the extent it arises from our negligence or default;

(b) Injury or death of any persons arising out of or in connection with the Event except to the extent it arises from our negligence or default; and

(c) Any breach of this Contract by you.

4.2 Exclusion of Liability

(a) The Client may not make any claim for loss or damage suffered or for compensation against the Photographer, or claims for any refund of monies already paid to the Photographer arising from any delay or non-production of the Items, until after an expiry period of 12 months of the event date and in any case only if the delay and non-production of the Items have been caused by the Photographer and the Client has not been in breach of any of its obligations as described in the Contract.

(b) It is agreed by the Client that any liability it has or may have against the Photographer arising from this Contract and/or its breach thereof by the Photographer or for any direct or indirect or consequential loss or damage suffered by the Client howsoever caused by the Photographer is limited to a refund to the Client of the monies paid by the Client to the Photographer.

5. PUBLICATIONS AND INTELLECTUAL PROPERTY

Until full payment is received by the Photographer from the Client for all or some of the Items supplied by it to the Client, the title and property in those Items remain vested in the Photographer and do not pass to the Client.

The Photographer reserves the right to use any Items or productions for display, publication or other marketing and promotional purposes.

The Client acknowledges that it has no proprietary right or interest in any intellectual property provided to the Client by the Photographer or others in connection with supplying the Items and that any intellectual property remains the property of the Photographer and the owner of the intellectual property.

6. CANCELLATION AND RESCHEDULING

6.1 Cancellation by the Client

(a) Subject to clause 6.1(b), you may cancel the Event, the subject of our Contract, at any time. You must notify us of any cancellation in writing;

(b) If you cancel the Event, then the following Cancellation fees will be payable:

a. The First Payment, which we have already incurred, and which are otherwise non-refundable and non-transferrable; and

b. Any cancellation 6 months or more prior to the Event Date, an amount equal to 80% of the Package Price after the deduction of the First Payment;

c. Any cancellation less than 6 months to the Event Date, an amount equal to 100% of the Package Price including the First, Second and Third Payment.

(c) Any request by you to reschedule, postpone or delay the Event to another date, move the Event to another venue, any request by you for a refund of any monies paid under our Contract, or any termination of our Contract by us pursuant to any clause in this Contract, will be considered a cancellation by you for the purposes of this clause.

6.2 Rescheduling

Should the Event be rescheduled by the Client at any time prior to the event date for whatever reason, the Client is required to re-enter a new Contract with the Photographer and make a further payment of the First Payment upon execution of the new Contract.

7. FORCE MAJUERE

7.1 Force Majeure Definitions

7.1.1 For the purposes of this Contract, a Force Majeure Event means:

(i) An act of God, including but without limitation, lightning, floods of any description or origin, cyclones, epidemics, quarantines, disease, pests, blight or other biological phenomena, earthquakes, storms, tsunamis, storm surges, landslides, washouts, fires of any description or origin, or declared natural disasters; or

(ii) Strikes, lockouts, bans, go-slow actions, limitation of work or other industrial disturbances (whether involving a party’s employees) in each case not being caused or substantially contributed to by the affected party’s dealings with its employees or the employees of the affected party’s contractors; or

(iii) Acts of enemies, sabotage, wars (whether declared or undeclared), blockades, insurrections, riots, arrests, radiation, radioactive contamination, civil disturbances, civil strife, national or state emergency (whether in fact or at law), marital law, industrial accidents, power blackouts, armed robbery, bomb threats, or any explosion or other major accident; or

(iv) Action of any government or governmental authority including restraints of lawful authority, confiscation or requisitioning of materials or of any equipment or other property, expropriation, compulsory acquisition of land, restraint, prohibition, ban, intervention, requisition, requirement, discretion, injunction or embargo by legislation, regulation or other legally enforceable order.

7.1.2 COVID-19

The parties acknowledge and agree that the parties may be entering into this Contract in the midst of a word wide Covid-19 crisis in which restrictions may be implemented by the Government. The parties agree that they cannot rely upon the restrictions imposed by the Australian Government as constituting a Force Majeure Event for the purpose of this Contract.

The parties agree to comply with any Government restrictions imposed at the time of the Event Date unless we determined that it would be unreasonable for the Event to take place on the agreed date, then the parties must agree to postpone the Event Date to a mutually available date.

7.2 Force Majeure Event

If a party to this Contract considers there to be a Force Majeure Event which prevents a party or both parties from carrying out or delaying obligations under this Contract, then the parties will be relieved from the performance of their obligations under this Contract for so long as the event continues to have effect, provided that:

(i) Within 30 days after becoming aware that such event may or will prevent a party from carrying out obligations under this Contract, a party gives written notice to the other of the Force Majeure Event and an estimate of the likely delay or the other effect of the Force Majeure Event;

(ii) The parties continue to perform their other obligations under this Contract, the performance of which is not prevented or affected by the Force Majeure Event;

(iii) The parties take all reasonable steps to eliminate or reduce the effect or impact of the Force Majeure Event as quickly as possible if the effect or impact is capable of being eliminated or reduced; and

(iv) The parties must negotiate in good faith a postponement of the Event to another mutually agreed date and on mutually satisfactory terms and credit all monies already paid to the rescheduled event (and for abundant clarity, any postponement pursuant to this clause does not constitute a cancellation under clause 8).

If performance of an obligation under this Contract is suspended as a result of a Force Majeure Event for a continue period exceeding 24 months, then:

(i) The parties will have the right to terminate this Contract; and

(ii) The Client agrees that the Photographer will retain the First Payment as a genuine value of its loss and damage.

8. SEVERABILITY

(a) If any provision of this Contract is invalid and not enforceable in accordance with its

terms, all other provisions which are self-sustaining and capable of enforcement without regard to the invalid provisions shall be and continue to be valid and enforceable in accordance with their terms.

(b) Should any provision of this Contract be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified.

All other terms and conditions of this Contract shall remain in full force and effect and shall be construed in accordance with the modified provision.

9. AMENDMENT

This Contract may only be varied, added to or amended in writing, dated and signed by both parties.

10. PACKAGE

10.1 PACKAGE INCLUSIONS

(a) Unless otherwise stated in the Event Form, coverage of your event commences with one Photographer at the Groom’s house, and the other at the Bride’s house. Your two Photographers together will cover the ceremony including the arrival of your guests and any desired family/group shots. This will then be followed by your location shots where a range of photographs are taken based on our pre-wedding meeting, followed by coverage at your reception until midnight.

(b) Should you wish for one Photographer to continue service past midnight, there will be an additional cost payable of $250 plus GST per hour.

10.2 Package Price

10.2.1 The Package Price detailed on the Event Form constitute the fees payable under this Contract.

10.2.2 The Final Payment is due 30 days before the Event Date and is non-refundable.