Terms & Conditions
1.1 “Company” means Lily and Moon (Lily & Moon).
1.2 “Client” means any person(s) who purchases services from the Company.
1.3 “Proposal” means a proposal, application, quotation or other similar object describing the Companies Services.
1.4 “Services” means the Companies Services as described in the Proposal.
1.5 “Fee” means the monies due to the Company from the Client for providing the Services
1.6 “Terms and Conditions” means the terms and conditions of supply of the Services as set out in this document and any subsequent terms and conditions agreed in writing by the Company
1.7 “Agreement” means the contract between the Company and the Client for the provision of the Services incorporating these Terms and Conditions.2. GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Company to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Company.
2.3 These Terms and Conditions shall be attached to any Proposal and electronically or physically signed and returned to the Company by the Client.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.5 It is the Client’s responsibility to supply lunch/ dinner and drinks during our work hours.
2.6 All coverage times provided by the company is classed as continuous and CANNOT be split up. For example, where the agreement states 8 hours coverage, the coverage ends 8 hours after it begins.
2.7 Copyright for all footage filmed/photographed will be owned by Lily and Moon (Lily & Moon). Lily and Moon (Lily & Moon) reserves the right to display/copy any part of produced images for future demonstrations/displays and advertising purposes.
2.8 Lily and Moon (Lily & Moon) will be the exclusive professional photographers/videographers of the client’s wedding. Friends and family are permitted to operate mobile phones and cameras on the condition that they do not interfere with or get in the way of the professional coverage. It is the client’s responsibility to secure access to areas for photography. Lily and Moon (Lily & Moon) will not be responsible for coverage lost due to access restrictions.
2.9 Creative aspects such as shooting and editing style are at the discretion of Lily and Moon (Lily & Moon). Lily and Moon (Lily & Moon) will not be held liable for any production problems beyond our control, e.g. bad weather, accidents, poor acoustics/lighting, interference from guests, etc. Lily and Moon (Lily & Moon) reserves the right to terminate this contract at any time for any reasonable cause, e.g. accident or ill health. In this event all monies paid will be refunded in full. Any liability on the part of Lily and Moon (Lily & Moon) will be limited to the amount of monies paid.
2.10 Upon taking possession of the finished product, the client must inform Lily and Moon (Lily & Moon) of any technical or other problems with the photographs/videos within 7 days. After 7 days, if no notification has been received, the client will be deemed to be satisfied with the product.
2.11 Lily and Moon (Lily & Moon) will endeavor to perform production tasks to the best of its ability, but accepts no responsibility for unforeseen circumstances including but not limited to equipment failure, power cuts, illnesses, inability to attend and perform services, and/or any other situation where the resulting product is less than ideal. Lily and Moon (Lily & Moon) sole liability in any case shall be limited to a monetary amount no greater than the total of monies paid by the client. In other words, if a video/photography session either fails to be recorded/captured or is unable to be performed by the FAULT of Lily and Moon (Lily & Moon), the customer will receive a total refund of everything the customer paid to the company for the event.3. THE PROPOSAL
3.1 The proposal is attached to these terms and conditions.
3.2 The proposal shall remain valid for acceptance for a period of 10 days.
3.3 The proposal must be accepted by the client in its entirety.
3.4 The agreement between the Company and the Client, incorporating these Terms and Conditions, shall only come into force when the Company confirms acceptance in writing to the Client.4. THE SERVICES
4.1 The services are as described in the Proposal.
4.2 Any variation to the Services must be agreed by the company in writing.
4.3 The Services shall commence and finish on the dates specified on the Proposal unless terminated according to the terms of this Agreement.
4.4 Dates given for the End of Services are estimates only and not guaranteed. End of Services shall not be of the essence of the Agreement and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4.5 Album handover times are not accounted for in the Proposal. Album handover time will be dependent on the couples confirmation and acceptance of the print proof.5. PRICE AND PAYMENT
5.1 The fee is as specified in the Proposal and is inclusive of any other charges as outlined in that document.
5.2 The terms for payment are as specified in the Proposal.
5.3 The Client must settle all payments for Services as specified on the payment terms.
5.4 The client hereby agrees to pay a non-refundable deposit of 50% of the total value of Services as outlined in the Proposal. The client agrees to pay the remaining 50% of the total on the day of shooting.
5.5 In the event that more than one client wishes to book wedding services on the same day, preference will go to the first client to pay the deposit. Rescheduled weddings will only be accommodated if the new date does not conflict with another booked wedding.
5.6 The Client is not entitled to withhold any monies due to the Company.6. COMPANY OBLIGATIONS
6.1 The Company shall supply the Services as specified in the Proposal.
6.2 The Company shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice and statutory obligations.
6.3 The Company shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Client.7. TERMINATION
7.1 The Agreement shall continue until the Services have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
7.2 The Client may terminate the Agreement if the Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
7.3 The Company may terminate the Agreement if the Client has failed to make any payment due within 14 days of the sum being requested.
7.4 Lily and Moon (Lily & Moon) reserves the right to terminate this contract at any time for any reasonable cause including but not limited to accidents, ill health, cease of trading, sub-contract cancellation. In this event all monies paid will be refunded in full. Any liability on the part of Lily and Moon (Lily & Moon) will be limited to the amount of monies paid. If the Company decides to exercise their right to termination, the Company will assist the Client in seeking a replacement. Lily and Moon (Lily & Moon) is not responsible for any agreements created between the Client and any third party and cannot be held responsible if no replacement is found.
7.5 A 14-day ‘Honeymoon’ period is also applicable. Both parties may cancel the agreement for ANY reason up to 14-days after the deposit has been received. All monies received by the company will be refunded within 30days of notification of cancellation. Term ‘7.5’ supersedes all other TERMINATION terms (7.1-7.4) for the duration of the 14-day honeymoon period. Once 14-days has passed all conditions designated under the TERMINATION section will become active.
7.6 Force Majeure – This agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party including, but not limited to, acts of God, war, terrorism, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities; to the extent that such circumstance makes it illegal to provide services or attend the wedding event itself. The ability to terminate this agreement without liability pursuant to this paragraph will require written notice to the other party setting forth the basis for such termination as soon as reasonably practical – but in no event longer than ten (10) days after learning of such basis. The client must submit proof that 50%, or more, of the total attendees are unable to attend the event due to force majeure. In the event of force majeure, the confirmed date of service can be rescheduled within 3 months of the original date subject to availability and confirmation by the company, with advance notice of at least 24 hours.
7.7 In the event that the client wishes to terminate the Agreement a MINIMUM 12 weeks notice period must be given before the wedding date. If the intention of termination is given without a 12 weeks notice period PRIOR to the wedding date, the agreed amount (as outlined in the Fees) must be paid in full by the client.8. WARRANTY
8.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.9. ENTIRE AGREEMENT
9.1 These Terms and Conditions supersede any previous agreements, documents or other undertakings either written or oral.