Terms and conditions
These are the standard terms of Client Business of Visual Lab Productions (VLP), of Level 2/ 5 George Street, North Strathfield, NSW and all work undertaken by VLP shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1. Shoot Booking Details
1.1 All bookings will be regarded as provisional until a signed copy of these Terms & Conditions has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 below), and only if accepted by VLP will the booking be confirmed. VLP is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.
2. Price & Payment
2.1 All prices quoted by VLP may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of VLP.
2.2 Any query arising from an invoice must be notified to VLP in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by VLP.
2.4 Deposit – A deposit of 50% of the total fee payable (including GST), as quoted and agreed in the written proposal (Quotation or Invoice), of any shoot or production shall be payable on confirmation of the order. The remaining 50% shall be known as the “balance”.
2.5 Balance Due – the balance of the total fee shall be payable within 10 working days from the delivery date.
2.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed proposal but subsequently incurred by VLP, will be invoiced separately after the event. Payment will be due within 5 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with Clause 2.9. VLP will agree any additional expenses or fees with the client prior to these being incurred.
2.8 Late Bookings – Should a booking be made within 10 working days of the event date, payment in full will be required to secure the event.
2.9 Methods of Payment:
Bank: St. George Bank
BSB: 112-879 Account No: 415 982 211
Any method of payment agreed by both the client and VLP parties.
The Client must inform VLP in writing (preferably by email) of any bank transfers
3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the shoot or (c) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should a shooting be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third-party charges incurred by VLP on behalf of the client.
Cancellation Clause %
More than 30 working days prior to the event Nil
30 to 11 working days prior to the event 50%
10 working days or less prior to the event 100%
3.3 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
3.4 Any postponements of confirmed and contracted business or any Public Health Emergency declared by New South Wales Health, the Secretary of New South Wales Health or any law or any action taken by the Australian government or Australian public authority that directly affects the operation of the event will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original event date, payments received by VLP from the client shall form a credit towards the future event. Should any postponement costs be incurred by VLP, the client will be notified and these costs will be deducted from the amount held as credit.
On some shoots or projects, the activities that the Clients will undertake may be inherently dangerous although all attendees are fully supervised throughout. As such neither VLP or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the shooting except insofar as it results from the negligence of VLP or breach of contract. Please note that during particular shooting and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the shooting (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of VLP), in which instances VLP agrees to indemnify and hold the Client harmless against all such claims. VLP shall provide Public Liability insurance cover of $20 million (AUD) for each and every claim.
5. Force Majeure
VLP shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from shootings or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and VLP shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
7. VLP Launching promotion
7.1 To qualify for this promotion, a full day video shoot must be booked.