1. DEFINITIONS AND INTERPRETATION
FOR THE PURPOSE OF THESE TERMS AND CONDITIONS, THE FOLLOWING DEFINITIONS APPLY:
WE, US OR OUR MEANS VANGUARD EVENTS & ENTERTAINMENT ABN 15 189 108 373; DJ MEANS AN INDEPENDENTLY CONTRACTED DISC JOCKEY; EVENT SERVICES INCLUDES, BUT IS NOT LIMITED TO, THE PROVISION OF PHOTO BOOTH, MC, SOUND, LIGHTING, EVENT STYLING AND PHOTOGRAPHY SERVICES; SERVICES MEANS DJ OR EVENT SERVICES OR BOTH; EVENT ATTENDANT MEANS AN INDEPENDENTLY CONTRACTED EVENT ATTENDANT; CUSTOMER OR YOU MEANS PEOPLE OR CORPORATIONS ENGAGING THE SERVICES OF VANGUARD EVENTS & ENTERTAINMENT THROUGH OUR WEBSITE OR ANY OTHER MEANS; BOOKING FEE OR FEE MEANS THE TOTAL ($) AMOUNT FOR THE SERVICES, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, A PARKING FEE AND IDLE TIME FEE.
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2. OUR SERVICES
BY ENGAGING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN, AND AS MAY BE AMENDED FROM TIME TO TIME (AGREEMENT). WE AGREE TO PROVIDE SERVICES TO YOU AS OUTLINED IN YOUR QUOTE. ALL QUOTES ARE BASED ON THE INFORMATION PROVIDED BY THE CUSTOMER AND MAY BE REVISED SHOULD THE SCOPE OF THE SERVICES CHANGE. THE SERVICES WILL BE PERFORMED BY EITHER US, OR OUR APPROVED CONTRACTORS. WHILE WE STRIVE TO MEET OUR OBLIGATIONS UNDER THIS AGREEMENT WITH DUE CARE AND SKILL, WE DO NOT GUARANTEE THAT THE SERVICES WILL BE WITHOUT FAULT OR DISRUPTION. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE SERVICES OR THIS AGREEMENT AT ANY TIME. ANY IMAGES, VIDEOS OR PROMOTIONAL CONTENT WE SHARE THROUGH OUR WEBSITE OR SOCIAL MEDIA PLATFORMS ARE FOR GENERAL INFORMATION AND ILLUSTRATIVE PURPOSES ONLY.
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2A. SUBSTITUTION OF ASSIGNED PERSONNEL
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE, TO SUBSTITUTE ANY DJ, PHOTOGRAPHER, EVENT STYLIST, OR OTHER PERSONNEL ASSIGNED TO PERFORM THE SERVICES UNDER THIS AGREEMENT WITH ANOTHER INDIVIDUAL OR CONTRACTOR OF EQUAL OR GREATER EXPERIENCE OR QUALIFICATION. SUCH SUBSTITUTION SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT, PROVIDED THE SERVICES ARE DELIVERED IN ACCORDANCE WITH THE STANDARDS AND SCOPE AGREED UPON. YOU ACKNOWLEDGE AND AGREE THAT THE PROVISION OF SERVICES IS NOT CONTINGENT UPON THE AVAILABILITY OR PERFORMANCE OF ANY SPECIFIC INDIVIDUAL, AND THAT WE MAY EXERCISE THIS RIGHT WHERE NECESSARY DUE TO ILLNESS, SCHEDULING CONFLICTS, OPERATIONAL REASONS, OR ANY OTHER REASON DEEMED APPROPRIATE BY US
 
3. PAYMENT AND CANCELLATIONS
WHEN A CUSTOMER REQUESTS A QUOTE FOR OUR SERVICES, OR OTHERWISE ENGAGE OUR SERVICES, WE WILL ISSUE THE CUSTOMER WITH A QUOTE FOR THEIR EVENT (QUOTE). TO SECURE THE BOOKING AND LOCK IN THE DATE, A 50% DEPOSIT OF THE TOTAL BOOKING AMOUNT MUST BE PAID WITHIN 48 HOURS OF ACCEPTING THE QUOTE (DEPOSIT). THE BALANCE OF THE BOOKING AMOUNT MUST BE PAID AT LEAST 14 DAYS PRIOR TO THE EVENT DATE. IF THE BOOKING IS MADE LESS THAN 14 DAYS BEFORE THE EVENT, THE FULL BOOKING AMOUNT MUST BE PAID AT THE TIME OF BOOKING. FAILURE TO PAY THE FINAL BALANCE IN FULL BY THE DUE DATE MAY RESULT IN CANCELLATION OF THE BOOKING. ALL CANCELLATIONS MUST BE MADE IN WRITING VIA EMAIL TO INFO@VANGUARDDJ.COM. CANCELLATIONS MADE MORE THAN 30 DAYS BEFORE THE EVENT WILL RECEIVE A REFUND OF ANY AMOUNT PAID, LESS THE NON-REFUNDABLE DEPOSIT. CANCELLATIONS MADE WITHIN 30 DAYS OF THE EVENT WILL NOT BE ELIGIBLE FOR ANY REFUND. ANY CHANGE TO THE EVENT DATE WILL BE CONSIDERED A CANCELLATION UNLESS WE ARE ABLE TO ACCOMMODATE THE NEW DATE, IN WHICH CASE AN ADMINISTRATIVE FEE OF $50 MAY APPLY. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY FEES, INCLUDING BUT NOT LIMITED TO BANK FEES, TRANSFER FEES, OR EXCHANGE RATE DIFFERENCES.
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4. LIMITATION OF LIABILITY AND INDEMNITY
WE CANNOT AND DO NOT CONTROL THE CONDITIONS OR LEGALITY OF ANY VENUE/PROPERTY WHERE AN EVENT IS HELD. THE CUSTOMER ACCEPTS FULL RESPONSIBILITY AND LIABILITY FOR ENSURING THAT THE VENUE IS SAFE AND COMPLIES WITH ALL LAWS, INCLUDING LOCAL LAWS, COUNCIL REGULATIONS, AND OH&S REQUIREMENTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, EXCEPT WHERE SUCH LOSS OR DAMAGE IS A DIRECT RESULT OF OUR NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF BUSINESS, OR LOSS OF OPPORTUNITY. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF THIS AGREEMENT, YOUR NEGLIGENCE, OR ANY UNLAWFUL OR DISHONEST ACT OR OMISSION.
 
5. CUSTOMER RESPONSIBILITIES AND WARRANTIES
THE CUSTOMER IS SOLELY RESPONSIBLE FOR PROVIDING THE DJ WITH A SAFE PERFORMANCE AREA AND WE ARE NOT LIABLE FOR ANY INJURY, LOSS OR DAMAGE RESULTING FROM UNSAFE CONDITIONS. THE CUSTOMER MUST PROVIDE ACCESS TO THE VENUE AT LEAST ONE HOUR BEFORE THE PERFORMANCE START TIME FOR SETUP AND SOUND CHECK. WHERE APPLICABLE, THE CUSTOMER IS RESPONSIBLE FOR ENSURING ALL NECESSARY PERMISSIONS AND APPROVALS (INCLUDING FROM VENUE MANAGEMENT) ARE OBTAINED FOR THE DJ’S PERFORMANCE AND OTHER EVENT SERVICES. THE CUSTOMER IS RESPONSIBLE FOR ANY DAMAGE TO OUR EQUIPMENT OR PROPERTY CAUSED BY GUESTS, VENUE STAFF, OR ANY OTHER PARTY AT THE EVENT. THE CUSTOMER WARRANTS THAT ALL INFORMATION PROVIDED TO US IS ACCURATE AND COMPLETE. WHERE THE CUSTOMER PROVIDES THEIR OWN EQUIPMENT, WE ARE NOT RESPONSIBLE FOR FAULTS, FAILURES, OR THE IMPACT OF SUCH FAULTS ON THE PERFORMANCE OR SERVICES. FOR OUTDOOR EVENTS, THE CUSTOMER MUST PROVIDE SUITABLE COVER AND WEATHER PROTECTION FOR THE EQUIPMENT AND PERSONNEL. IN THE EVENT OF ADVERSE WEATHER, WE RESERVE THE RIGHT TO CEASE OR CANCEL THE PERFORMANCE OR SERVICE WITHOUT REFUND.
 
6. PROMOTIONS FREE PROMOTIONAL
ITEMS SUCH AS BALLOON GARLANDS, EVENT STYLING, PHOTOGRAPHY SERVICES ARE NOT ELIGIBLE FOR REFUND.
 
7. BREACH OF TERMS AND CONDITIONS
IF A CUSTOMER BREACHES THIS AGREEMENT, WITHOUT LIMITING THE REMEDIES AVAILABLE, WE MAY WITHOUT NOTICE: A. CANCEL OR SUSPEND THE PROVISION OF SERVICES; B. WITHHOLD ANY REFUND OR DEPOSIT; C. TAKE LEGAL ACTION TO RECOVER ANY UNPAID MONIES OR DAMAGES; D. RECOVER ANY COSTS, INCLUDING LEGAL FEES, ASSOCIATED WITH ENFORCING THIS AGREEMENT.
 
8. GENERAL
RESERVED RIGHTS WITHOUT LIMITATION TO ALL OTHER RIGHTS ENJOYED BY US, WE EXPRESSLY RESERVE THE RIGHT AT ANY TIME TO: A. VARY ANY OF THE SERVICES AND/OR THE TERMS AND CONDITIONS OF THIS AGREEMENT; B. CHANGE THE PRICING FOR OUR SERVICES; C. REFUSE A BOOKING OR CANCEL AN EXISTING BOOKING WHERE NECESSARY; D. SUBCONTRACT ANY OF OUR OBLIGATIONS UNDER THIS AGREEMENT.
 
YOUR INDEMNITY
YOU AGREE TO INDEMNIFY US AND OUR OFFICERS, AGENTS, PARTNERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES AND SUBCONTRACTORS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND INCLUDING REASONABLE LEGAL FEES ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
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FORCE MAJEURE
WE WILL NOT BE IN BREACH OF THESE TERMS OR LIABLE TO YOU FOR ANY LOSS INCURRED BY YOU AS A DIRECT RESULT OF OUR BEING UNABLE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT DUE TO A FORCE MAJEURE EVENT.
FORCE MAJEURE EVENT MEANS ANY OCCURRENCE OR OMISSION AS A DIRECT OR INDIRECT RESULT OF WHICH WE ARE PREVENTED FROM OR DELAYED IN PERFORMING ANY OF OUR OBLIGATIONS AND THAT IS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO:
A. FORCES OF NATURE;
B. WAR, RIOTS, CIVIL COMMOTION, MALICIOUS DAMAGE, SABOTAGE AND REVOLUTION;
C. STRIKES OR OTHER INDUSTRIAL ACTION;
D. PANDEMIC OR OTHER HEALTH EMERGENCIES;
E. ORDERS OR ACTS OF GOVERNMENT OR GOVERNMENTAL AUTHORITIES;
F. POWER OUTAGE OR FAILURE OF ANY TELECOMMUNICATIONS OR COMPUTER SYSTEM;
G. FAILURE OF A THIRD-PARTY SUPPLIER OR SUBCONTRACTOR.
 
9. APPENDIX A
LIGHT-UP NUMBERS AND DECORATIVE INSTALLATIONS
LIGHT-UP LETTER (1.2M) RE-POWDER COATING DUE TO SCRATCHED PAINT - $400 + GST
LIGHT-UP LETTER (1.2M) REPLACEMENT (INCLUDING BENT OR MISSYHAPEN METAL THAT CANNOT BE REPAIRED) - $1800 + GST
LIGHT-UP LETTER (60CM) REPLACEMENT - $900 + GST
FLOWER WALL REPLACEMENT (INCLUDING DUE TO STAINS OR DISCOLOURATION) - $1600 + GST
SHIMMER WALL REPLACEMENT - $900 + GST
BASE PLATES & POLE SET FOR SHIMMER/FLOWER WALLS - $1100 + GST
FLOWER GARLAND REPLACEMENT (INCLUDING DUE TO STAINS OR DISCOLOURATION) - $700 + GST
LED BULB REPLACEMENT - $50 + GST
LED BULB REMOTE REPLACEMENT - $30 + GST
LED NEON REMOTE REPLACEMENT - $30 + GST
RGB NEON SIGN REPLACEMENT - FROM $400 + GST DEPENDING ON THE SIZE OF THE SIGN
DJ EQUIPMENT
DJ CONTROLLER - MARKET RATE + GST
PROFESSIONAL MIXER - MARKET RATE + GST
SPEAKER (PASSIVE OR ACTIVE) - MARKET RATE + GST
SUBWOOFER - MARKET RATE + GST
MICROPHONE (WIRED OR WIRELESS) - MARKET RATE + GST
MICROPHONE RECEIVER - MARKET RATE + GST
UP LIGHTING UNITS (BATTERY OR WIRED) - MARKET RATE + GST
INTELLIGENT/MOVING HEAD LIGHTING - MARKET RATE + GST
SMOKE/HAZE MACHINE - MARKET RATE + GST
AUDIO INTERFACE - MARKET RATE + GST
LAPTOP STAND - MARKET RATE + GST
EXTENSION LEADS AND POWER BOARDS - MARKET RATE + GST
SPEAKER STANDS OR LIGHTING TRIPODS - MARKET RATE + GST
DJ BOOTH FACADE / TABLE - MARKET RATE + GST
CABLES (XLR, RCA, POWER, ETC.) - MARKET RATE + GST
EVENT STYLING EQUIPMENT
BACKDROPS (FABRIC, TIMBER, MESH, ACRYLIC, ETC.) - MARKET RATE + GST
SHIMMER WALL - MARKET RATE + GST
UP LIGHTS AND LED WASH LIGHTS - MARKET RATE + GST
FLORAL ARRANGEMENTS (FAUX OR DRIED) - MARKET RATE + GST
PLINTHS / CAKE STANDS - MARKET RATE + GST
ARCHES (ROUND, SQUARE, HEXAGON, TIMBER, METAL) - MARKET RATE + GST
CUSTOM SIGNS (ACRYLIC, TIMBER, LED) - MARKET RATE + GST
EASELS - MARKET RATE + GST
SEATING CHARTS OR WELCOME SIGNS - MARKET RATE + GST
BALLOONS (LOSS DUE TO DAMAGE OR IMPROPER REMOVAL) - COST OF REPLACEMENT + GST
SANDBAGS OR STABILISERS FOR OUTDOOR SETUPS - MARKET RATE + GST
EVENT FURNITURE (CHAIRS, TABLES, LOUNGES, BAR STOOLS) - MARKET RATE + GST
TABLE DÉCOR (TABLECLOTHS, RUNNERS, CENTREPIECES) - MARKET RATE + GST
PHOTOGRAPHY EQUIPMENT
DSLR OR MIRRORLESS CAMERA BODY - MARKET RATE + GST
PRIME OR ZOOM LENS - MARKET RATE + GST
FLASH UNIT / SPEEDLIGHT - MARKET RATE + GST
LIGHT STANDS OR MODIFIERS (SOFTBOXES, UMBRELLAS) - MARKET RATE + GST
TRIPOD OR MONOPOD - MARKET RATE + GST
CAMERA BAG OR PROTECTIVE CASE - MARKET RATE + GST
MEMORY CARDS - MARKET RATE + GST
TETHERING CABLES - MARKET RATE + GST
PORTABLE LIGHTING (CONTINUOUS OR STROBE) - MARKET RATE + GST
REFLECTORS AND DIFFUSERS - MARKET RATE + GST
VIDEOGRAPHY EQUIPMENT
MIRRORLESS OR CINEMA CAMERA BODY - MARKET RATE + GST
PROFESSIONAL VIDEO LENSES - MARKET RATE + GST
EXTERNAL MICROPHONES (BOOM, LAPEL, SHOTGUN) - MARKET RATE + GST
AUDIO RECORDER - MARKET RATE + GST
GIMBAL OR STABILISER - MARKET RATE + GST
TRIPOD OR MONOPOD - MARKET RATE + GST
DRONE (IF USED) - MARKET RATE + GST
BATTERIES AND CHARGERS - MARKET RATE + GST
LED VIDEO LIGHTS AND STANDS - MARKET RATE + GST
CABLES AND ADAPTERS - MARKET RATE + GST
CARRY CASES AND TRANSPORT BAGS - MARKET RATE + GST