Modern Day Romance Content Creation Terms and Conditions
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1 Contact Information
This agreement takes place between Modern Day Romance and the Client/s booking.
Name: Modern Day Romance
ABN: 46841271329
Email: hello@moderndayromance.com.au
Phone: 0413 023 931
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2 Agreement
Modern Day Romance (ABN 46841271329) will provide the services set out above at the fees set out in the Quote, subject to the terms and conditions in the original booking.
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Terms and Conditions
1 The meaning of some words used in these terms and conditions
Me, I, we, is a reference to Modern Day Romance, our employees or subcontractors who we may engage to carry out the role of content creation.
You or your is a reference to the Couple to who we are providing Services and who is required to pay for the Services we provide.
Materials means any materials, goods, parts or items I need to buy, already own or use in order to perform the Services or used in connection with the provision of the services.
Parties is a reference to both me and you.
Premises means the place where I will provide the Services.
Services means the content creation services I will provide in connection with your Wedding. The precise Services we will be providing to you will stated in the quotation and as we agree from time to time.
Booked date means the date and time which you have secured by virtue of entering into this agreement.
2 Entering into a legally binding Agreement
(a) An Agreement between you and me will come into being on the date you pay your initial or non-refundable deposit fee
(b) I suggest that before you agree to me providing Services that you read through these terms and conditions. If you have any questions concerning them please ask me.
(c) You should keep a copy of these terms and conditions for your records.
3 Providing the Services and your actions
(a) Once you and I have entered into a legally binding Agreement, I will normally start providing the Services to you straight away until the agreed wedding date without further discussion with you. Occasionally, the Services will be provided at some other date or time or be dependent on a number of factors.
(b) My aim is to always provide you with the Services:
(i) using reasonable care and skill;
(ii) In accordance with my style of content and editing and;
(iii) in compliance with relevant laws, regulations or Public Health Orders in force at the time I am to carry out the Services.
(c) I am not responsible for the impact on the final product of any interference caused by the guests or other vendors at the Event. I will make every effort to obtain, but cannot guarantee delivery of, any specific content requested by you because of my lack of control over the Event, it's participants, weather and any rules or restrictions of the venue or official conducting of the Event.
(d) You hereby agree, acknowledge and understand my candid and relaxed style of content creation and you have conducted your own enquiries in relation to my style and the editing that I carry out.
(e) If you want specific content, then you must alert me at least 3 weeks prior to the date, in writing by email.
(f) You are not authorised to request a different style to my offering. In the event that you do my refund policy will apply.
(g) If I am in danger at all I reserve the right to leave at any time and you will have no recourse against me.
(h) I reserve the right to leave in the event that your guests are rude, unruly or damage any of my equipment.
(i) In the event that any of my equipment is damaged, you will be liable for the damages and I will pursue you for monies to recover my loss.
4 Cancellation and Refund Policy
(a) Under no circumstances is the Non-Refundable Booking Fee, refundable. Please note, the Non-Refundable Booking Fee covers initial phone calls, internet or face to face consultations, the exclusive booking of your date and time, loss of potential income for turning other couples away for the date which you have reserved and the costs associated.
(b) If you cancel your booking at any time within the six weeks prior to your Booked Date, then no refund will apply. This is to cover the loss associated, as it is highly unlikely I will book the date with less than six weeks' notice ie you will lose the entire Fee.
5 Intellectual Property, Copyright and Media release
(a) All intellectual property provided by me in the course of providing the services remains the property of Modern Day Romance. You are not permitted to reproduce or distribute any of the materials or ideas provided by me to you.
(b) You agree, understand and acknowledge that all materials/ intellectual property provided by me to you are protected by the Copyright Act 1968 (Cth) and penalties under that legislation shall apply to you in the event that you are in breach of your obligations under this clause.
(c) You agree that the copyright in all photos and videos are owned by us. You give us specific permission to use any images or videos at our absolute discretion, without your permission.
6 Exclusion and limitation of liability
We are not liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement and the services provided under this Agreement, except to the extent that such liability may not lawfully be limited or excluded.
7 Post production and delivery
(a) You will receive a personal shared album with all content within 24 hours. Should this time frame be extended, you will be notified within 18 hours from the commencement of the service.
(b) Final Video/s are delivered within 7-14 days after the event date, unless stated otherwise. Should this time frame be extended, you will be notified within 10 days from the commencement of the service.
(c) Upon delivery of the files to you via a Shared Album, you will have sole responsibility to protect and retain their images for the future. Upon delivery, we hold no further responsibilities and cannot be held liable for the images or keeping. It is highly recommended that all digital files be saved and stored in a safe place with duplicate copies created. The online shared album will remain active online for a minimum of 6 months from the date of delivery. We will notify you before this is removed.
(d) We provide no guarantee of satisfaction in respect of images due to unknown variables such as rain, wind, dust, fog, mist or lack of natural lighting, harsh/bright sunlight or any other phenomenon.
(e) We will not be held responsible for any spoiled content due to flash photography by others at the event. We are not responsible for weather phenomenon, another guest, drivers, friends, relatives or events that may cause any delay in proceedings or timelines.
(f) We are not responsible for the consequences of the loss of light.
(g) We are not responsible for limited or poor time allocation by you and poor location choices by you.
(h) Although every possible care will be taken to produce content of all important and special events during the wedding, we will not place any guarantee on any content taken or not taken. We will not be held responsible for any ruined content due to guests (or any other) flashes; or any other ruined content due to any other cause in or outside of our control.
(i) We are not responsible or cannot be held liable for any damage to clothing or personal injury caused by use of props (eg. smoke bombs etc.)
8 Entire agreement
This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the booked date.