Terms & Conditions *
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between MCKINLEY-RODGERS and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is agreed in writing by all the relevant parties.
2. INITIAL PAYMENT: Upon completion and sending the document, MCKINLEY-RODGERS will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the initial payment, a booking fee of $1000, is non-refundable even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted package and will be deducted from the final balance due. THE CLIENT understands and agrees that the entire amount owed for the package described in the contract is due four weeks prior to the wedding date.
2a. DESTINATION EXPENSES: In addition to the $1000 booking fee to secure the date, if travel expenses are required at the time of booking to allow MCKINLEY-RODGERS to secure travel tickets and accommodation, travel expenses of $500 (for weddings between 150-300km of Port Macquarie, NSW) $1000 (for weddings 300-600km) and $1500 (for destinations beyond 600km) are non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather by THE CLIENT. The destination expenses is to be paid at time of signing the contract.
3. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding filming/photography outlined in this contract more than 6 months before the wedding ceremony takes place, the initial payment as described in clause 1 will be forfeited. If cancelled between 3-6 months of the proposed date, 50% of the outstanding balance will be due as compensation for loss of earnings; and if cancelled less than 3 months from the proposed wedding date, the full balance will be due as agreed upon the terms of payment above.
4. FORCE MAJEURE: The due performance of the contract is subject to alteration or cancellation by MCKINLEY-RODGERS owing to any cause beyond their reasonable control, including but not limited to, sudden illness or death, total equipment failure, sudden illness, injury, victim of crime, fire, explosion, storm, and flood, other natural disaster or severely adverse weather conditions. MCKINLEY-RODGERS may contact other film makers /photographers of equal skill and professionalism in the event that they are not able to attend your booking due to such events. However it may prove difficult or impossible to find a skilled replacement film maker/photographer at short notice or at the same price. In the event of cancellation by MCKINLEY-RODGERS, or in the unlikely event of total equipment failure, MCKINLEY-RODGERS liability shall be limited to a full refund of any booking fees and fees paid.
5. CREATIVE LICENCE: Due to the weather and availability of subjects, filming/photographing any specific moment cannot be guaranteed. MCKINLEY-RODGERS is granted creative and artistic licence to the filming/photography and their judgement on style and delivery shall be deemed correct.
6. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. MCKINLEY-RODGERS is not responsible for key individuals’ failure to be present or to cooperate, neither for missed moments due to details not revealed to MCKINLEY-RODGERS.
7. HOUSE RULES: MCKINLEY-RODGERS is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the film maker/photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; MCKINLEY-RODGERS will offer technical recommendations only.
8. COMPLETION SCHEDULE: Editing takes approximately 12-16 weeks. All of these time frames may be longer in busy periods.
9. PAYMENTS: THE CLIENT agrees that $1000 initial payment is required at the time of contract acceptance and 100% of the remaining balance is due 4 weeks prior to the wedding date.
10. METHOD OF REMUNERATION: Payment may be made via online bank transfer.
11. RIGHT OF WITHDRAWAL: MCKINLEY-RODGERS discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should MCKINLEY-RODGERS initiate the withdrawal, all fees will be returned, excluding initial payment as well as fair market value for all services/products already provided. In case of withdrawal, $250.00 an hour is charged for all film/photography services already provided.
12. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary for MCKINLEY-RODGERS to retain a alternative film maker/photographer. MCKINLEY-RODGERS will make every effort to secure a replacement film maker/photographer able and willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. MCKINLEY-RODGERS takes the utmost care with respect to exposure, transportation and editing of film; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S film/photographs being lost, stolen or destroyed for reasons beyond MCKINLEY-RODGERS control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein.
13. NON-GUARANTEE: Although every possible care will be taken to produce a film/capture images of all important and special events during the wedding, MCKINLEY-RODGERS cannot place an unconditional guarantee on the above. MCKINLEY-RODGERS will not be held responsible for any ruined moments due to guests’ (or any other) flashes; or any other ruined moments due to causes outside of MCKINLEY-RODGERS control.
14. REFRESHMENTS: THE CLIENT will provide MCKINLEY-RODGERS with access to a hot meal and soft drinks for coverage which exceeds 4 hours.
16. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
17. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and MCKINLEY-RODGERS at the time of acceptance of this contract shall be recognised as amendments to this contract.