This is an agreement between the undersigned, hereinafter referred to as (‘Customer’) and by SERS HOLDING PTY LTD ACN: 121 044 684 trading as GOLDEN TOUCH PRODUCTIONS hereinafter referred to as (‘the Company’).
The customer agrees to meet with the Company’s director and/or its representative(s) at least seven (7) days prior to the event date in order for the customer to provide clear instructions on the addresses and details to all event locations, special requests and times of separate events.
The First Payment (specified under ‘Package Price’) must be paid by the customer at the time of booking and on the date of the making of this Agreement.
Should the event be cancelled prior to its start and/or does not proceed to its full completion for whatsoever reason, or should the customer cancel or terminate the Company’s engagement for services prior to the event date as specified in this Agreement or at and/or during the event, it is agreed that the First Payment where paid by the customer to the Company is not refundable and is forfeited to the Company.
Once contract is signed by both parties the deposit must be paid soon.
The First Payment (Deposit) is transferable in the event that the customer postpones the event to an alternative party date for the same package or greater that is available and one that has not been already booked out by another customer. Deposit cannot be used for compensation for other shoots or products.
It is agreed that the payments as indicated under ‘Package Price’ above shall be paid by the customer to the Company as follows:
(a) The First Payment is payable by the customer to the company on the making of this Agreement,
(b) The Second Payment will be a full payment prior to the event date.
The Company will notify the customer once the Event Video or Event Photo Album is completed and the customer must arrange to collect the Event Video and/or Event Photo Album from the company within 14 days from notification, otherwise a holding collection fee of $50.00 will apply for every week thereafter payable by the customer to the Company. Storage fee also applies if the company is waiting for the client to choose theire photos and videos.
The Event Video and/or Event Photo Album will only be released to the customer upon payment by the customer to the Company of all monies payable by it and full payment of any balance outstanding to the Company.
Additional charges will also be payable by the customer for any further editing, correction or changing requests following the completion of the Event Video. Any changes will attract a charge of $100.00 per hour for the first hour or part thereof and subsequently at $50.00 per hour or part thereof. A maximum of six (6) change requests may be made by the customer.
Any product or service or item not specifically written into this Agreement including but not limited to Pre-Event Video/Photos, day shoot, night shoot, event highlights, projection equipment, and extra copies will be charged to the customer at the applicable rate or as further agreed between the parties.
The customer must fully cooperate and assist the Company and provide the Company with proper and reasonable directions and guidance as may be requested from the customer by the Company from time to time, in order that the Company may properly edit, finalize, complete, produce and provide to the customer the items.
The Company estimates to produce the items to the customer within 3 months once company receives selected photos and video songs and another other content that’s required.
Once the customer receives the photos and videos the footage will then be deleted after 7 weeks if customer has not requested any changes or direction not to delete via writing.
The customer may not sue, make a claim for loss or damage suffered or for compensation against the Company, or claims for any refund of monies already paid to the company arising from any delay or non-production of the items, until after an expiry of a period of 12 months of the event date and in any case only if the delay and non-production of the items has been caused by the Company and the customer has not been in breach of its obligations as described above.
The customer agrees that it will not hold liable the Company for any failure in technology such as camera failure, computer failure, and storage failure or for incidents involving car accidents, car breakdown and traffic congestion causing time delays during the event resulting in the inability to electronically capture certain activities during the event. Should inclement weather not permit the Company to perform any of its obligations in respect of the event due to rain, storm or tempest, the Company will not be responsible or liable for such incidents if they occur.
If raining occurs on the pre-wedding it will be postponed. Direction from the company will have the final say. The company is to choose the location and date of the pre-wedding shoot within Sydney metro region.
Prior to signing this Agreement, the customer has viewed, inspected and considered similar samples as to nature, quality, purpose and standard of the items to be provided by the Company to the customer. The customer acknowledges and agrees that it is satisfied and otherwise accepts and is content with the nature, quality, purpose and standard of the items to be provided and produced by the Company.
The customer agrees that it will not hold liable the Company for any failure or inability to electronically capture certain activities or specific scenes or moments during the event. Unless the customer prior to the event specifically and formally in writing requests the company to capture specific and particular activities, scenes, or moments during the event, the Company will not be responsible or liable to the customer in the event that specific and particular activities, scenes, or moments of the event are not captured or the manner in which they are captured.
Until full payment is received by the Company from the customer for all or some of the items supplied by it to the customer, the title and property in those items remain vested in the Company and do not pass to the customer.
The Company reserves the right to use any items or productions for display, publication or other marketing and promotional purposes.
The customer acknowledges that it has no proprietary right or interest in any intellectual property provided to the customer by the Company or others in connection with supplying the items and that any intellectual property remain the property of the Company and the owner of the intellectual property.
The company will provide the right people for the job unless specified by the client by name If company agrees.
The customer will ensure that the Company’s video and/or photography staff, agents, employees and other personnel that are involved in the event will have appropriate seating and meals at any event functions and reception venues.
Should inclement weather not permit the Company to perform any of its obligations in respect of the event due to rain, storm or tempest and an alternative indoor venue is required in order to carry out certain parts of the event, the customer will be responsible for the costs and expenses with respect to booking and utilizing such indoor venue. In regards to pre-wedding booking if raining the day must be postponed unless the company agrees with it.
I/we the customer, understand that attending a Video/Photography session involves participation in some physical activities, physical contact and/or the use of physical objects and/or apparatus as part of the Video/Photography session with the Cameraman. With this and all Video/Photography related activities, there is a certain element of risk. By accepting this waiver, I/we assume all responsibilities for any and all aspects of participation in the Video/Photography session. This waiver applies to any of myself/ourselves and/or to my/our child or children or to any other person or persons under my/our control and supervision in the course of participating in the Video/Photography session.
I/we the customer, understand that this Release from Liability irrevocably and unconditionally releases and holds harmless the company, its trustees, agents, independent contractors, and employees from any financial liability for any injury, bodily harm, sickness, illness, or loss of life the participant may suffer and from any economic harm or loss of property occurring during, caused by, relating to, or arising in any way out of the above events and from participation by me/ourselves and/or my/our child or children or any other person or persons under my/our control and supervision in the Video/Photography session with the Cameraman.