AUB PRODUCTION PHOTOGRAPHY AND VIDEO TERMS AND CONDITIONS
This Agreement (hereinafter “Agreement”) constitutes a binding contract for videography/photography services and/or products. By signing this Agreement the Clients whose details appear on page 1 of this Agreement (hereinafter collectively referred to as “Clients”) agrees to pay AUB Production Pty Limited for the services and/or products provided by AUB Production at the price set out on the front page of this Agreement.
The following are essential terms and conditions that apply to this Agreement:
1. Description of Services:
On the nominated date specified on the front page of this contract, AUB Production will provide to the client the following services (collectively the “video/photo production”). AUB Production agrees to digitally record on DVD, the client’s event as described on the front page of the contract. AUB Production will edit and mix the recorded DVD to produce a master video production produced as to quality and form at the sole discretion of AUB Production’s editor.
AUB Production shall be the only videography/photography service provider retained by the client for the event identified. Family and friends of the client will be permitted to videotape/photograph the event for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s/photographers duties. If, in the reasonable opinion of the assigned videographer/photographer, such person or persons are inhibiting the videographer/photographer from performing his or hers duties, the client will do all things reasonably necessary to stop any further videotaping/photographing by the person interfering.
AUB Production will assign a videographer/photographer from its own staff exclusively for the client’s event. If necessary, assistance to such videographer shall attend the event. AUB Production reserves the right to change any initial assignment and substitute other staff videographer/photographer at any time.
4. Payment for Videography/Photography Services and/or Products:
A refundable deposit of 30% is required at the time of the booking in exchange for the services and/or products provided by AUB Production. Refunds are not to be given 4 weeks prior to the event date. Any cancellation requested by the client in person only should be in writing to firstname.lastname@example.org at least 6 weeks prior to the event date. Payments are to be in accordance to the contract agreement AUB Production have with the client and in accordance to the due dates specified in the contract agreement. AUB Production have the right to not release the work, video and/or photography or any part of it unless payments made in full as agreed for the contract and the due date. The client understands and agrees that there is a $50.00 per month surcharge imposed on any outstanding balances that are not received by the requested due date. All prices are in Australian Dollars.
The final product will not be released or edited until final payment is received. Should any cheque fail to clear the account against which it is drawn, the client will pay an additional fee of $50.00.
5. Illness and Unexpected Events:
AUB Production will not be liable to the client under any circumstances if it’s performance and products is prevented or impaired due to war, industrial action, fire, acts of God. Should such situations take place, AUB Production will understand this is out-of-control event and a full refund will be given. The client must provide proof of such situation.
In the event of any unanticipated videographer or photographer illness, AUB Production will make all reasonable efforts to substitute another competent professional. If another videographer or photographer cannot be assigned in time for the event, AUB Production will promptly return to the client all payments previously made by the client to it, and will then have no further liability with respect to this Agreement. AUB Production reserves the right to decline outdoor videotaping and photographing in the event of inclement weather. The client is responsible for providing an alternate nearby location in the event of inclement weather.
6. Liquidated damages:
The client and AUB Production recognize it is extremely difficult and impracticable to ascertain the extent of the client’s actual damage in the event of a breach of this contract on the part of AUB Production. The parties therefore agree that in the event of any breach arising from the negligence or other unintentional conduct of AUB Production, including without limitation, any damage to or loss of any video DVD footage and photo images, the client will be entitled to the following:
(a). In the event of damage to or loss of all or any videotape footage or photos images: a percentage reduction of the price based upon the amount of actual tape-time or photo images that has been damaged, lost or not captured.
7. Change in date, Time or Event:
In case of a change in the time or date of the event more than 6 months from the event date, AUB Production shall make reasonable efforts to accommodate the change to the client. However, if the new time or date conflicts with AUB Production’s existing commitments and schedule, AUB Production reserves the right to terminate the Agreement. In the event of such termination, the Client will forfeit any previous non-refundable deposits (if applicable).
In case of a change in the time or date of the event less than 3 months from the event date, AUB Production shall make reasonable efforts to accommodate the change to the client. However, if the new time or date conflicts with AUB Production’s existing commitments and schedule, AUB Production reserves the right to terminate the Agreement. In the event of such termination, the Client will forfeit and be responsible for the full amount of the contract.
If cancellation of a job occurs less than 3 months from the event date, the Client will forfeit and be responsible for the full amount of the contract.
8. Raw Footage, Editing and Completion of Final Product:
The Client may submit in writing (by email only) any specific editing requests concerning the event to AUB Production within two (2) weeks from the date of receiving the first edited copy of the event video. If no writing editing requests are made by the client, editing of the raw footage is at the sole discretion of AUB Production and no-editing of the DVD will be negotiated. Completion of the final product is scheduled of first paid, first edited basis. An approximate completion date for the client’s DVD will be assigned once all items necessary to complete the editing process is submitted to AUB Production and the balance is paid in full. The approximate completion date will then appear on your invoice. Allow 6-8 Weeks for
the editing process. However if all items to complete the DVD and photography requirement are not submitted within 3 months of your event date, AUB Production reserves the right to do the following:
(a). Apply a fee of 15% of total contract price liquidated damages charge or cancel the contract completely with no refund.
(b). If the balance is not paid in full within 4 months of the event date, AUB Production reserves the right to cancel the contract completely with no refund given,and no final video and photograph work will be handed in unless the client will pay the full outstanding amount and 15% of total contract price liquidated damages charge.
(c). If client wishes to re-edit the footage or any other change on the DVD, AUB Production will impose additional fees (calculated on an hourly rate) for re-editing the DVD.
The validity and interpretation of this Agreement will be construed in accordance with the laws of New South Wales. Any court action to enforce this Agreement or relating or arising out of this Agreement of the services provided by AUB Production will be brought in a court of competent jurisdiction in New South Wales. In case any provision of this Agreement shall be invalid or unenforceable, such provision shall be severable from the remainder of this Agreement and the validity, legality and enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby. Unless otherwise provided herein, this Agreement will be binding upon the parties, their heirs, executors and assigns.
10. Publicity Rights/ Promotional Use of Images:
The client agrees that AUB Production may use images from the client’s event for commercial use, including without limitation, promotional videos for exhibition to other potential clients of AUB Production.
AUB Production will make every attempt to properly videotape and photography all pertinent footage and photograph to be used in the development of the video and photo productions and the album making. The client is aware that because of the nature ‘live production’, adverse situations and equipment failures can occur beyond AUB Production’s control that may alter the outcome of the video and photograph productions. AUB Production cannot guarantee that any specific portion of the client’s event will be recorded and/or photographed in full or in part. AUB Production will not be held monetarily or any way liable to the client for failure to record and/or photograph any specific portion of the client’s event.
Under no circumstances (whether due to a breach of this agreement or otherwise) will AUB Production or its representatives be held financially liable for an amount which exceeds the amount payable by the client to AUB Production under this Agreement.
12. Changes to the Contract:
This written and signed Agreement constitutes the sole and exclusive Agreement between the parties regarding the services and/or products to be provided by AUB Production in connection with the event. No covenants, warranties and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set out above. If either party in this agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this agreement must be in writing and signed by the party against which the enforcement of such writing is sought.
13. Contacting AUB Production:
You may contact AUB Production by either email or phone
Phone: 1800 44 05 06 (Business hours only)
14. AUB Production Wedding Limo Hire
Definitions: In this agreement the following definitions apply unless the context requires otherwise
The Company™ shall mean AUB Production Pty Ltd or any subcontractors or agents of AUB Production Pty Ltd.
Employee shall have the meaning of any employee of the company, including any driver or chauffeur employed by the company or subcontractors or agents contracted by the Company.
Hirer shall be deemed to be the person who has signed the hire agreement and or the person responsible for the payment of the hire including the period for which the vehicle has been hired or has been reserved for.
Booking shall mean a period for which the hirer has committed to the hire and the full amount of the hire has been paid.
Reservation shall been deemed to mean a hire where a deposit has been paid to hold the date, but the full amount has not been paid.
Vehicle shall mean any car or limousines supplied by the company to the hirer.
Deposit shall mean the amount due under the terms of this agreement to secure a reservation.
Balance shall mean the amount due under the terms of this agreement, less any deposits paid.
Party shall have the meaning person or persons accompanying the hirer as his or her guest or invitees
Chauffeur shall mean the driver of the vehicle.
Hire Charge shall mean the amount due at any time under the terms of this agreement.
1. All deposits are NON refundable for any reason whatsoever.
2. Company is not liable in the event of mechanical breakdown while on charter. In the event that the vehicle is subject to an accident or mechanical failure, or is no longer safe to drive, then the company shall endeavor to make alternative arrangements to get the hirers to their destination.
The company may at its entire discretion determine the method of onward travel, alternatively the hirers may make alternative arrangements at their cost, for which no claim can be made against the company.
The hirers specifically accepts that the hire is based on a best endeavors basis and therefore, no specific guarantees can be made in terms of time, reliability of the vehicle and events out of the direct control of the Chauffeur or the company.
The client assumes full financial liability for any damage to the limousine caused during the duration of the rental by them or any members of their party.
A fee of $700.00 for each carpet or seat burn. Sanitation fee is $350.00.
Drug use is prohibited by law.
The driver has the right to terminate run without refund (if there is blatant indiscretion on the part of the client’s).
It is illegal to stand through the sunroof.
Smoking is not permitted in our limousines.
3. Overtime charges will apply after the scheduled booking time. This will be calculated in 15 min increments. This will include 5% admin fee.
4. The company is not responsible for delays or the termination in winter caused by unsafe road conditions (i.e. traffic, accidents, etc.).
5. Not responsible for articles left in the limousine.
6. Balances to be paid 28 days prior to the booking date.
7. Vehicles cannot be loaded beyond seating capacity.
By accepting to make this booking means that you have accepted all of these terms and conditions and the terms and conditions found on our website. All Deposits are no refundable. Please note that the following will automatically be charged to your credit card and you will not be notified of these charges. The charges will incur a 5% fee. Overtime charges (if not paid in cash),the balance owing (if not paid in cash).
Any damage caused to the car, only to the extent that the damage was caused by the person who made the booking or their guests. Unnecessary mess that is left in the car will incur cleaning charges only to the extent that the mess was caused by the person who made the booking or their guests. If the driver is delayed to his next job due to having to clean the car, you will be charged accordingly. If you wish to cancel your booking and it is less than 4 months away, your credit card will be charged the entire amount owing. Cancellations must be made in writing and will only be considered cancelled after you have received confirmation from us. All writing are to be forwarded to: email@example.com. Please note: Full amounts are owed for the booking (if any), cancellations that are requested less than 4 months from the intended hire date. Change of times and dates may (at the discretion of Hire Car Company) incur an added administration fee. When bookings are made less than 4 months from the booking, the hirer accepts the responsibility of the “No Cancellation Policy” and full charges being made to the card .These terms and conditions should only be accepted by a person of 18 years or older. And the credit card holder. In accepting this confirmation you are accepting all of the above terms and conditions.
8. Responsibility: The Hirer shall be responsible for the proper behavior of all of the passengers and shall be primarily responsible for any damage caused to the vehicle howsoever caused. It is an express condition of the Hire that the Hirer accepts this responsibility. The Hirer shall be fully responsible and liable for any damage caused to both inside and outside of the vehicle by the hirer or a member of his/her party, howsoever caused. This includes incitement or behavior resulting in damage to the vehicle or its contents by a third party. The Hirer holds the Company harmless of any liability for any personal or material damages arising from the conduct of his or her party. The Company shall not be held liable or responsible for any articles left in the vehicle and the Hirer specifically indemnifies the company from any such responsibility and undertakes to advise all other persons in his or her party.
9. General Conduct: The Hirer is responsible for the general conduct and behavior of his or her party. The consumption of food is not permitted in any of the vehicles unless specific agreement has been made to the contrary at the time of the booking and agreed in writing. Underage drinking is not permitted. The Hirer accepts responsibility on behalf of the hirer’s party for any losses of the property of the company that is provided in the limousine for the benefit or the pleasure of the passengers. This is includes, but is not limited to, glassware, CDs, DVDs, Video tapes and any other material.
10. Safety: The hirer accepts that the Company adopts a strict no smoking policy in all of its vehicles and that any failure to adhere to this policy will result in the immediate termination of this agreement without any refund. In addition to which, the Hirer shall be held responsible for the cost of a valet and any damage caused as a consequence of the Hirer of his or her party failing to adhere to this agreement. It is a legal requirement that all passengers wear a seat belt where fitted. All of the vehicles are fitted with seat belts up to the maximum number of passengers allowed by law. Therefore, all passengers in the party are required to wear a seat belt. The Hirer specifically indemnifies the Company and the Chauffeur against any fines imposed as a consequence of the passengers failing to comply with this legal requirement. The Company does not permit that taking of any illegal drugs or partaking of any illegal activities whilst in the vehicle, failure to abide by this condition will result in the immediate termination of the hire without compensation. The Hirer expressly accepts that, except in cases of an emergency, only the Chauffeur may open and close doors. This is a safety precaution to minimize the risk of accidents and damage to the vehicle. The Company will not be held responsible for accidents caused as a consequence of the Hirer of his/her party failing to adhere to this condition, and the hirer accepts for responsibility for any damage to the vehicle and or any third party as a result of the Hirer or Hirer’s party failing to adhere to this condition. The maximum number of passengers that can legally be carried in the vehicle is limited to the number of seat belts fitted, the Hirer expressly accepts this legal restriction and accepts that the chauffeur shall be required by the company to refuse to carry more than the statutory maximum. The hirer further accepts that failure to adhere to this road traffic regulation would likely result in the vehicle and its passengers being uninsured. In addition, the chauffeur and the company could be fined as a consequence. Therefore there will be no compromises on the safety issue. Where the Hirer has asked for a child seat to be fitted, it is the responsibility of the Hirer to supply and ensure that the seat is correctly fitted before placing an infant into the seat. If the Hirer does not consider that the seat provides sufficient protection or that it is not fitted correctly, the Hirer shall not allow the infant to travel. Irresponsible behavior which could give rise to damage to the Vehicle or endanger the safety of the other passengers will not be tolerated in any form. This includes, but is not restricted to: sitting on the exterior of the vehicle, hanging out of the windows, shouting abuse to other road users or pedestrians out of the window, rudeness or intolerance with the Chauffeur, misuse of the equipment, fixtures or consumable within the vehicle and willful damage to the interior generally. Such behavior may, at the sole discretion of the Chauffeur, the Company or its employees result in the immediate termination of the Hire without compensation. In addition, the Hirer shall be held liable and responsible for any loss, howsoever caused, by the irresponsible behavior of his/her party.
11. Limitation of liability under no circumstances (whether due to a breach of this Agreement or otherwise) will AUB Production or its representative be held financially liable for an amount which exceeds the amount payable by the client to AUB Production under this Agreement.
The Hirer accepts and indemnifies the Company and its employees against any loss, consequential or otherwise as a result, direct or otherwise of a failure to meet time deadlines. It is entirely the responsibility of the Hirer to ensure that there is adequate time to travel to and from destinations, the Company or its employees will provide advice, but this does not form any part of a contract between the Hirer, the Hirer’s party or the Company and its Employees. Furthermore, the Hirer indemnifies the Company against any and all claims as a result, direct or otherwise, consequential or otherwise, of a failure to arrive at the destination at the appropriate time or at all.
The Hirer expressly accepts that in car entertainment such as television screens, video and DVD equipment is provided as a courtesy and its use and/or availability does not form part of the Hire. In the event that any equipment fitted to the Vehicle malfunctions prior to or during the hiring, the Company accepts no liability whatsoever and no compensation shall be provided in such instances, nor will the Company accept any claims for any form of refund. In the event that a vehicle is subject to an accident or mechanical failure, or is no longer safe to drive, then the company shall make alternative arrangements to get the Hirer and his/her party to their destination. The company may at its entire discretion determine the method of onward travel, alternatively the Hirer, or his/her party may make alternative arrangements at their cost, for which no claim can be made against the Company.
The Hirer specifically accepts that the Hire is based on a best endeavors basis and therefore, no specific guarantees can be made in terms of time, reliability of the vehicle and events out our of the direct control of the Chauffeur or the Company. The Company assumes no responsibility nor does it provide any guarantees whatsoever for ensuring that the Hirer arrives at his or her destination on time. It is entirely the responsibility of the Hirer to determine whether the Vehicle has been hired for a period sufficient to cover eventualities such as, but not limited to, traffic accidents, roadwork’s and peak traffic periods. In addition, the Hirer is responsible for ensuring that the Hire commences at a time which allows for such eventualities. The Company will not provide any refunds for such eventualities and any additional time over and above the Booking period shall be charged at the appropriate rate. Where time is critical, this includes, but is not limited to Weddings, the Company recommends that the Hirer allows sufficient time to ensure that no disruption to the schedule is incurred as a result of unexpected or unavoidable delays. Where the Company accepts responsibility whether in full or in part for a failure to perform its obligations under the terms of this contract then the extent of any liability shall be limited to the Hire Charge.
The Company reserves the right to change the specification of the vehicle at any time, provided that where the replacement vehicle is of a lesser value or specification, an appropriate adjustment is made in favor of the Hirer. The company undertakes to use its best endeavors to ensure that the Vehicle booked is the one provided for the hire.
Although the Company rarely does so, the Company reserves the right to sub-contract any Hire to a third party without reference to the Hirer, in such circumstances The Company shall be responsible for payment to the 3rd party of charges relating to the standard Hire. However, in the event that any additional services are provided, which include, but are not limited to, excess mileage, additional hours or damage to the Vehicle then the Company retains all rights to charge the Hire.
12. Payments and Deposits to make a reservation: The Hirer shall be required to pay a Deposit of 50% of the total contract amount when making a reservation. All deposits are NON refundable for any reason whatsoever. The hirer may cancel but only upon giving the company 4 months notice prior to the booking date and receive a full refund less deposits and admin charges.
The Hirer may elect to pay the full amount of the Hire at the time of making the reservation in order to confirm the booking. However, the Hirer accepts that once a booking is made to confirm the Hire, no refunds will be provided for any reasons whatsoever. That notwithstanding, the Company will consider at its sole discretion, claims for a partial refund where it can be demonstrated that the circumstances could not be seen by the Hirer.
13. Additional charges Time permitting; the Chauffeur may be willing to collect additional passengers, subject to the maximum that the Vehicle can carry, at alternative locations. However, any additional mileage or time shall be charged to the Hirer. Whilst the chauffeur will attempt to accommodate any last minute changes, the final decision will remain with the chauffeur and the hirer expressly accepts this arrangement. In the event that the time or location of the hire is changed prior to the booking or at the time of the booking, the company expressly reserves the right to make any additional charges and to set such charges against the hirer’s deposit or credit card. Such charges will consist of an excess mileage charge and where the hire is extended beyond the agreed hire period, an hourly rate for each hour or part thereof. It is the Hirers responsibility to confirm with the Company current charges for additional hours and excess mileage, any failure to do so will not derogate the Hirers responsibility to pay the charges. Where a Hire extends beyond the period of the Booking for whatever reason including, but not limited to traffic jams, accidents and diversions, the Hirer accepts that this additional time and mileage shall be charged to the Hirer’s account. In the event that the Vehicle has been left in an unreasonable condition by the Hirer or his/her party, then the Company reserves the right to charge for the cost of a valet. Such circumstances that could give rise to this charge include, but are not limited to: spillage of food or drinks and illness. The minimum cost of a valet is $185, but this amount could increase depending on the consequential damage. The responsibility for reimbursement of such cost is that of the Hirer. Additional charge of 5% being for credit card transactions and administration fees will be charged on any and all charges paid via credit card.
14. Other conditions: In the event that the Hirer is a business then that Company shall assume the responsibility of the Hirer and will be bound to advise the party or passengers of the terms and conditions of this Hire. If any term or condition is found to be invalid for any reason whatsoever this shall not deem this agreement to be invalid and all other terms shall remain in force. The Company may at its entire discretion refuse any Hire without explanation or reason. Changes to cars, times or dates may incur a fee at the discretion of AUB Production.
Please also note:
All figures quoted on this website are in Australian Dollars and are subject to the terms and conditions above and subject to change without notice. You are welcome to check these terms & conditions from time to time.