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Please read these Terms & Conditions carefully. They contain important information regarding the rights and obligations of the Client and Vanguard Events & Entertainment Pty Ltd ("Vanguard", "we", "us", "our").
These Terms & Conditions apply to all bookings and services provided by Vanguard, including DJ and MC services, photography, videography, Photo Booth services, Video Guestbooks, event styling and décor, lighting and special effects, audio visual services, equipment hire and entertainment services.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
1. DEFINITIONS & INTERPRETATION
“Agreement” means these Terms & Conditions together with the accepted quotation, invoice, booking confirmation and any written variation agreed by Vanguard.
“Client” means the person or entity identified as the customer in the quotation, invoice or booking confirmation and includes any authorised representative acting on that Client’s behalf.
“Event” means the wedding, corporate event, private function, community event, festival, school event, activation or other occasion for which Vanguard is engaged.
“Services” means the services, equipment and deliverables expressly identified in the accepted quotation or subsequently agreed in writing.
“Event Date” means the date on which the Services are to be supplied.
“Business Day” means a day other than a Saturday, Sunday or public holiday in Queensland.
Headings are for convenience only. References to “including” or “includes” are not limiting. A reference to writing includes email and other written electronic communication capable of being retained.
2. ACCEPTANCE OF TERMS & FORMATION OF CONTRACT
These Terms & Conditions form part of every booking with Vanguard.
By accepting a quotation, paying a booking fee, deposit or invoice, making any full or partial payment toward a booking, confirming a booking in writing, or otherwise instructing Vanguard to proceed after being provided with or given reasonable access to these Terms & Conditions, the Client accepts and agrees to be bound by the Agreement.
A separate signature or separately executed contract is not required where a binding agreement has otherwise been formed.
The Client is responsible for reviewing these Terms & Conditions before accepting a quotation, making payment or confirming a booking.
Where the Client books on behalf of an organisation, couple, family, school, venue or other group, the Client warrants that they have authority to enter into the Agreement.
3. BOOKING & PAYMENT
A booking is not confirmed until Vanguard has received the payment required by the quotation or invoice.
Unless otherwise agreed in writing, a booking fee equal to 50% of the quoted price is required to secure the Event Date and the remaining balance is due 30 Business Days before the Event Date.
Bookings made within 30 Business Days of the Event Date require full payment upfront unless Vanguard agrees otherwise in writing.
Vanguard may suspend preparation or service delivery where an amount is overdue, subject to applicable law and any reasonable notice required in the circumstances.
All prices are in Australian dollars. GST applies where stated or required by law.
4. BOOKING FEE
The booking fee reserves the Event Date and Vanguard’s staff, equipment and resources and contributes toward administration, planning, preparation and the opportunity cost associated with declining other work for the reserved period.
The parties acknowledge that Vanguard may incur costs and commit resources well before the Event Date.
Any retention of the booking fee following cancellation is subject to applicable law, including the Australian Consumer Law, and is intended to protect Vanguard’s legitimate business interests rather than operate as a penalty.
5. OUTSTANDING PAYMENTS & RECOVERY COSTS
The Client must pay invoices by their stated due date.
Where an account is overdue, Vanguard may recover reasonable costs actually incurred in seeking payment, including reasonable collection or legal costs, to the extent permitted by law.
Any merchant, card or payment surcharge will only be charged where lawful and disclosed.
6. CANCELLATIONS
All cancellation requests must be submitted in writing.
Where a cancellation occurs more than 30 Business Days before the Event Date, Vanguard may retain the booking fee and any amount reasonably attributable to work already performed, committed supplier or staffing costs, administration and other reasonable loss arising from the cancellation, subject to applicable law. Any remaining amount will be refunded or, if agreed, credited.
Where a cancellation occurs within 30 Business Days of the Event Date, Vanguard may retain amounts reasonably necessary to cover the booking fee, work already performed, committed staffing and supplier costs, preparation, administration and other reasonable losses arising from the cancellation, subject to applicable law.
Vanguard may, at its discretion, offer a full or partial credit in exceptional circumstances. Unless otherwise stated in writing, any discretionary credit is valid for 24 months from the original Event Date and remains subject to availability and then-current pricing.
Nothing in this clause limits any right the Client has to cancel and obtain a remedy where required by the Australian Consumer Law.
6.1 COMMITTED THIRD-PARTY SUPPLIER AND EQUIPMENT HIRE COSTS
The Client acknowledges that Vanguard may incur genuine third-party costs in preparing for an Event, including equipment hire, specialist technical equipment, contracted personnel and supplier commitments.
Where reasonably practicable, Vanguard will identify material non-refundable or non-cancellable supplier commitments and obtain the Client’s written approval before incurring those costs.
Where a material breach of the Agreement by the Client directly causes the cancellation, reduction or non-performance of affected Services, Vanguard may seek recovery of reasonable, documented and unavoidable losses directly resulting from that breach, including non-recoverable third-party expenses, to the extent recoverable under applicable law.
Any amount claimed will take account of available refunds or credits from third parties, reasonable steps taken to mitigate loss and amounts already paid, retained or recovered in respect of that same loss. Vanguard will not recover the same loss twice.
This clause does not permit a penalty, an amount disproportionate to Vanguard’s legitimate interests or any exclusion of non-excludable consumer rights.
7. DATE CHANGES & RESCHEDULING
A request to change the Event Date is not automatically treated as a cancellation.
Where Vanguard is available on the proposed new date, payments may be transferred to the new date subject to any price increase, change in scope, additional travel or venue requirements and availability of staff and equipment.
Unless otherwise agreed, Vanguard may permit one complimentary date transfer. Further changes may attract a reasonable administration fee reflecting additional work caused by the change.
Where Vanguard is unavailable on the requested new date, the request will be dealt with under the cancellation provisions, subject to applicable law.
A transferred booking remains subject to the written terms agreed for the transfer and any lawful price variation associated with the new date or changed scope.
8. CHANGES TO SERVICES & SCOPE
Vanguard is only required to provide the Services, equipment, staffing and deliverables expressly included in the accepted quotation or subsequently agreed in writing.
Requests for additional equipment, microphones, speakers, lighting, performers, locations, operating hours, staff, setup requirements, AV support, styling, transport, photography, videography, MC duties, technical support or other services may constitute a change in scope.
Changes are subject to Vanguard’s approval, availability, operational requirements, venue approval and any applicable additional fees.
The presence of Vanguard staff or equipment at the Event does not create an obligation to provide services or technical assistance outside the agreed scope.
Where additional services are requested onsite and Vanguard agrees to provide them, the Client agrees to pay Vanguard’s reasonable applicable additional charges.
8.1 CHANGES TO SCOPE AND ADDITIONAL TECHNICAL REQUIREMENTS
A request for Services, equipment, personnel or technical support beyond those expressly included in the accepted quotation is a proposed variation to the Agreement.
Additional microphones, audio channels, performer backing tracks, live performance audio management, stage coordination, rehearsal management, technical staffing, expanded performance programs and related production requirements may constitute a variation in scope.
Any variation is subject to Vanguard’s written acceptance, the availability of suitable personnel and equipment, reasonable preparation time, venue and safety requirements, and agreement on any applicable additional fees. Vanguard is not obliged to undertake a proposed variation until it is agreed in writing.
Where a variation cannot reasonably be accommodated, Vanguard may decline that variation while continuing to perform the Services already agreed, subject to the Agreement and applicable law.
An event-specific technical schedule forms part of the Agreement only if it is expressly incorporated into the accepted quotation, booking confirmation or a subsequently agreed written variation.
9. CLIENT RESPONSIBILITIES
The Client must provide accurate, complete and timely information reasonably required for the Services and must cooperate with Vanguard’s planning requirements.
safe and reasonable access to the venue and event spaces;
adequate setup and pack-down access;
suitable weather protection for outdoor services;
adequate power and facilities;
venue approvals, permits, licences and permissions for which the Client or venue is responsible;
accurate guest numbers, floor plans and key contact details where requested;
event schedules, timelines and run sheets;
music preferences, formalities and song requests;
styling requirements, branding assets and performer information; and
any other information reasonably required to deliver the Services.
9.1 Consequences of incomplete information
Failure to provide accurate, complete or timely information may affect service delivery. Vanguard is not responsible to the extent a failure, delay, omission or reduced service results from information that was incomplete, inaccurate or supplied late.
9.2 Authority and event contacts
The Client authorises Vanguard to reasonably rely on instructions given by the Client and any person identified by the Client as an event coordinator, venue contact, authorised representative or decision-maker.
Where conflicting instructions arise, Vanguard may seek clarification from the Client or, where immediate action is reasonably required, exercise professional judgment having regard to safety, venue requirements and the contracted Services.
9.3 EVENT ORGANISER AND PERFORMANCE COORDINATION RESPONSIBILITIES
For an Event involving performers, presentations, cultural activities, ceremonies or scheduled stage items, the Client must nominate an authorised event coordinator who is responsible for the performance program and for coordinating instructions to Vanguard.
Unless the accepted quotation expressly includes these Services, the Client remains responsible for performer coordination, stage management, confirmation of the performance order, communication of technical requirements and ensuring that performers are prepared at their scheduled times.
The Client must ensure information and instructions supplied by its representatives, performers or other third parties are accurate, consistent, complete and provided in time for reasonable preparation.
Vanguard may reasonably rely on instructions from the nominated coordinator, subject to its contractual duties and applicable law.
10. PLANNING PORTAL, INFORMATION & DEADLINES
Where Vanguard provides a Planning Portal or planning forms, the Client must complete the applicable sections by Vanguard’s nominated deadline.
Planning forms, timelines, run sheets, music selections, exact versions of formalities songs, cue points, media files, performer backing tracks, branding assets and other requested information must be supplied by the nominated deadline.
Unless Vanguard agrees otherwise, the Planning Portal may close 48 hours before the Event.
Vanguard cannot guarantee requests, changes, music, technical requirements or instructions received after the nominated deadline.
Where late information requires additional preparation, equipment, staffing, editing or administration, Vanguard may charge reasonable additional fees after notifying the Client.
10.1 MANDATORY SUBMISSION DEADLINES FOR PERFORMANCE-BASED EVENTS
Unless different deadlines are expressly agreed in writing, an Event requiring performer backing tracks, timed technical cues or coordinated stage audio must comply with the following requirements:
At least seven (7) calendar days before the Event: the Client must provide the proposed performance schedule, performer details, known technical requirements, input or microphone needs and available music files.
At least three (3) calendar days before the Event: the Client must provide the final run sheet, confirmed performance order, complete and correctly labelled backing tracks, cue instructions and all remaining information reasonably necessary to prepare for the agreed Services.
Each audio file must be clearly identified and matched to the relevant performer or performance item. Where reasonably required, the Client must also supply start and stop instructions, cue points, microphone allocations and technical contacts.
Changes received after the final nominated deadline are subject to Vanguard’s written approval and may be declined where there is insufficient time or capacity to prepare or test them safely and reliably. Vanguard will use reasonable efforts to accommodate feasible changes.
10.2 FAILURE TO PROVIDE ESSENTIAL PLANNING INFORMATION
Where material information reasonably necessary to provide the agreed Services is missing, inaccurate or supplied late, Vanguard may issue written notice identifying the outstanding requirements, the practical consequences for delivery and a reasonable deadline for rectification, having regard to the proximity of the Event.
If a material deficiency remains after that deadline, Vanguard may, acting reasonably and proportionately, decline additional or unapproved requests, propose a revised technical scope or seek agreement to modify the affected Services.
Where the Client’s material failure to meet an essential planning obligation makes an affected Service impracticable to deliver, Vanguard may suspend or terminate that affected Service only to the extent permitted by the Agreement and applicable law, after providing reasonable notice and an opportunity to remedy where practicable.
Any resulting charges, credits, refunds and other remedies will be determined under the Agreement and applicable law. This clause does not exclude Vanguard’s liability for its own breach, negligence or any applicable non-excludable consumer guarantee.
11. EVENT TIMELINES, DELAYS & SCHEDULE CHANGES
Vanguard’s contracted service period begins and ends at the times stated in the accepted quotation or booking confirmation unless otherwise agreed in writing.
Delays caused by the Client, venue, guests, suppliers, performers, ceremonies, speeches, catering, transport, weather or other circumstances outside Vanguard’s reasonable control do not automatically extend the contracted service period.
Vanguard is not responsible for shortened performance time, missed formalities or reduced service delivery to the extent caused by an event running behind schedule for reasons outside Vanguard’s reasonable control.
Vanguard will use reasonable efforts to adapt to ordinary changes in an event schedule where practicable.
11.1 PERFORMANCE DELAYS AND CLIENT-SUPPLIED INFORMATION
The Client acknowledges that coordinated performances depend upon accurate schedules, confirmed music selections, appropriately prepared audio files and timely communication among the organiser, performers and technical personnel.
Responsibility for any delayed, shortened, omitted or affected performance will be assessed having regard to its actual cause and the respective acts and omissions of the parties, including whether information supplied by the Client or its representatives was incomplete, inaccurate, conflicting or late.
Vanguard is not responsible to the extent the relevant delay or loss is directly attributable to circumstances outside its reasonable control, except to the extent Vanguard is otherwise legally responsible.
Vanguard will take reasonable steps, consistent with its agreed scope, to minimise avoidable disruption.
12. OVERTIME & EXTENSIONS
Requests to extend Services beyond the contracted finish time are subject to staff availability, venue restrictions, equipment availability and additional fees.
Where Vanguard agrees to an extension, the Client must pay the applicable overtime charge.
No refund is payable merely because an Event concludes earlier than scheduled due to the Client’s decision, guest behaviour, venue restrictions, weather or other circumstances outside Vanguard’s reasonable control, subject to applicable law.
13. SETUP, PACK-DOWN, STANDBY & IDLE TIME
Standard setup and pack-down reasonably required for the booked Services is included where stated in the quotation.
Where venue requirements, access restrictions or the Client’s requested schedule require Vanguard staff or equipment to arrive, install, remain onsite or wait substantially outside the contracted service period, additional setup, standby, idle-time, labour or venue-coordination fees may apply.
Vanguard will notify the Client of additional charges where reasonably practicable before they are incurred.
14. TRAVEL, PARKING, ACCOMMODATION & VENUE CHARGES
Travel inclusions and exclusions are as stated in the quotation.
Reasonable additional costs may apply for travel outside the included area, paid parking, tolls, loading fees, permits, ferry or barge transport, accommodation, unusual access requirements or other venue-imposed charges not reasonably known when the quotation was issued.
Where reasonably practicable, Vanguard will obtain the Client’s approval before incurring a material additional cost.
15. VENUE ACCESS & RESTRICTIONS
The Client is responsible for ensuring the booked Services are permitted by the venue and for communicating relevant venue rules to Vanguard.
Additional fees may apply for stairs, restricted access, limited parking, extended bump-in requirements, additional labour, loading-dock restrictions, security inductions or special permits.
Vanguard is not responsible to the extent venue restrictions prevent or materially limit the use of booked equipment, styling, special effects, photography locations or entertainment services.
Vanguard may make reasonable operational changes to equipment placement, staffing, setup, service method, effects, photography positions, lighting or sound levels where reasonably necessary because of venue restrictions, safety, weather, technical limitations or access conditions, while using reasonable efforts to preserve the substance of the contracted Service.
16. OUTDOOR EVENTS & WEATHER
Outdoor Events must have a suitable weather contingency plan and appropriate shelter for staff and equipment.
Vanguard is not responsible for disruptions, delays, missed photographic opportunities, reduced special-effects performance, equipment limitations or interruptions caused by weather or environmental conditions outside Vanguard’s reasonable control.
Where Vanguard reasonably considers conditions unsafe or likely to damage equipment, Vanguard may modify, suspend or cease affected Services.
Any refund, credit or other remedy will be determined having regard to the circumstances and applicable law.
17. FORCE MAJEURE
Neither party is liable for delay or failure to perform an obligation to the extent caused by an event beyond that party’s reasonable control, except for obligations that cannot lawfully be excluded and payment obligations already accrued for Services properly supplied.
severe weather, flood, bushfire, cyclone or natural disaster;
pandemic, epidemic or government restriction;
power, internet or communications outage;
venue closure, road closure or transport disruption;
serious illness or emergency affecting essential personnel;
equipment theft or unavoidable vehicle breakdown; or
material supplier failure outside the affected party’s reasonable control.
17.1 Mitigation
The affected party must take reasonable steps to minimise the effect of the event. Where reasonably practicable, Vanguard will seek to reschedule, substitute personnel or modify the affected Services.
18. PERSONNEL, CONTRACTORS & SUBSTITUTION
Vanguard may use employees, contractors and subcontractors to perform the Services.
If illness, injury, emergency, vehicle breakdown, family emergency or other unforeseen circumstance prevents a booked staff member from attending, Vanguard may provide a suitably qualified replacement where reasonably practicable.
A reasonable substitution of personnel does not, by itself, constitute a breach of the Agreement.
19. STAFF SAFETY & GUEST CONDUCT
Vanguard maintains a zero-tolerance approach to abusive, threatening, discriminatory, violent, aggressive, unsafe or unlawful behaviour directed toward staff or contractors.
If a staff member or contractor reasonably believes that their safety, wellbeing or equipment is at material risk, Vanguard may suspend, modify or terminate the affected Services.
Vanguard may refuse to operate equipment or continue an activity where a guest is intoxicated, aggressive, unsafe or interfering with equipment.
Any refund or other remedy will be determined having regard to the cause of the issue, Services already supplied and applicable law.
20. DJ SERVICES & MUSIC
Vanguard will use reasonable efforts to accommodate the Client’s music preferences and requests but does not guarantee that every requested song will be played.
Music selection may be adjusted having regard to event timing, guest response, venue requirements, explicit-content restrictions, availability of requested music and professional judgment.
Vanguard may decline a request that is unlawful, technically unavailable, inconsistent with venue requirements, unsafe or contrary to the Client’s prior written instructions.
Where an exact version of a song is required for a formality, the Client must provide sufficient identifying information and, where requested, a direct link, file and/or cue instructions.
Vanguard is not responsible for an incorrect version where the Client supplied insufficient, inaccurate or conflicting information.
21. MC SERVICES
The Client must provide accurate names, pronunciations, titles, introductions, announcements, cultural protocols, housekeeping requirements and other information required by the MC.
Vanguard is not responsible for errors resulting from inaccurate, incomplete or late information supplied by the Client or third parties.
Vanguard may reasonably decline an announcement that is unlawful, discriminatory, defamatory, unsafe or materially inconsistent with the agreed scope.
22. AUDIO VISUAL & PERFORMER REQUIREMENTS
AV and performer support is limited to the equipment, staffing and technical services included in the quotation.
Performers and the Client must provide technical requirements, input lists, backing tracks, presentation files and other requested information by Vanguard’s nominated deadline.
Client-supplied or performer-supplied files must be in a usable format and tested where reasonably requested.
Vanguard does not guarantee compatibility with unnotified equipment, software, devices or technical requirements introduced at the Event.
Additional microphones, channels, speakers, technicians, rehearsal time, sound checks or performer support may attract additional fees.
22.1 ADDITIONAL AV AND LIVE PERFORMANCE PRODUCTION
Unless expressly included in the accepted quotation, a DJ booking does not include comprehensive live sound engineering, stage management, performer coordination, technical rehearsal management or technical production of a multi-performance program.
Any such services must be agreed in writing with sufficient detail regarding performance numbers, technical requirements, personnel, equipment, sound checks, rehearsal periods, setup time, operating hours and applicable additional charges.
The existence of performances, speeches or a stage program at an Event does not, of itself, establish that Vanguard has agreed to provide production or stage-management services for those activities.
Where performer or technical requirements materially increase after agreement, Clause 8 and Clause 8.1 apply.
23. PHOTOGRAPHY & VIDEOGRAPHY
Photography and videography are creative and documentary services. Vanguard will use reasonable care and skill but cannot guarantee the capture of every person, detail, moment, speech, activity or event element.
Quality and quantity may be affected by venue restrictions, poor lighting, weather, guest behaviour, venue layout, delayed schedules, restricted access, obstructions, safety concerns and failure of participants to cooperate.
Unless expressly stated in the quotation, Vanguard does not guarantee a minimum number of photographs, clips or other media deliverables. Final selection is determined by Vanguard having regard to image quality, duplication, technical quality, artistic standards and the circumstances of the Event.
24. PHOTO BOOTH SERVICES
Photo Booth operation is subject to reasonable guest cooperation, suitable access, power, venue conditions and safe use of the equipment.
Vanguard may temporarily suspend or refuse Photo Booth use where a guest is intoxicated, aggressive, unsafe, misusing equipment or creating a material risk of damage.
Props, accessories and equipment remain Vanguard property and must remain within the designated Photo Booth area unless Vanguard approves otherwise.
Where onsite printing becomes unavailable due to a technical issue, Vanguard may continue the service digitally and provide affected images electronically where reasonably practicable. The Client’s rights for any material service failure remain subject to the Australian Consumer Law.
Print colour, cropping and appearance may vary slightly from screen previews due to printer, paper and display characteristics.
25. VIDEO GUESTBOOKS
Video Guestbook quality and quantity depend on guest participation, ambient noise, lighting, venue conditions and correct use of the equipment.
Vanguard cannot guarantee that every guest will participate or that every recording will be usable.
Where guests record content that is offensive, unlawful or inappropriate, Vanguard may omit that content from delivered material.
26. EVENT STYLING & DÉCOR
Styling images, mood boards, inspiration photographs and previous installations are examples only. Exact replication is not guaranteed.
Flowers, balloons, foliage, fabrics, props and décor may vary because of availability, season, lighting, venue conditions and supplier variations.
Vanguard may make reasonable substitutions of comparable style, quality or function where an item becomes unavailable, after consulting the Client where reasonably practicable.
Client-supplied signage, artwork or décor must be delivered in the condition and timeframe requested by Vanguard.
Unless expressly sold to the Client, hired décor remains Vanguard property.
27. LIGHTING & SPECIAL EFFECTS
The Client is responsible for obtaining venue approval for effects where the venue requires approval, including cold sparks, fog, haze, dry ice, confetti, bubble machines and similar effects.
Vanguard may refuse to operate an effect where Vanguard reasonably considers its operation unsafe or inconsistent with manufacturer requirements, venue conditions, fire-safety requirements or applicable law, even where prior approval was obtained.
No refund is payable merely because a venue restriction prevents an effect from being used where the restriction was not caused by Vanguard, subject to applicable law.
Effect performance may vary because of weather, ventilation, lighting and environmental conditions.
28. EQUIPMENT HIRE
Only Vanguard staff and authorised persons may operate Vanguard equipment unless the quotation expressly provides for dry hire or Client operation.
Where equipment is supplied into the Client’s custody, the Client must keep it secure, dry and protected, use it only for its intended purpose and return it with all accessories by the agreed time.
The Client must not sub-hire, relocate, modify, open, repair or permit unauthorised operation of hired equipment.
Reasonable late-return, cleaning, repair or replacement charges may apply where caused by the Client or persons for whom the Client is responsible.
Loss or damage charges will reflect the reasonable repair cost or current replacement value, subject to fair wear and tear and applicable law.
29. CLIENT-SUPPLIED CONTENT & INTELLECTUAL PROPERTY
The Client warrants that they have the rights, permissions and licences reasonably necessary for Vanguard to use any music, photographs, videos, logos, artwork, presentations, recordings, backing tracks, fonts, branding or other material supplied by or on behalf of the Client for the agreed purpose.
Vanguard is not responsible for corrupted, incompatible, incorrectly labelled, low-quality, incomplete or inaccessible files supplied by the Client or third parties.
Nothing in this clause transfers ownership of Client-owned intellectual property to Vanguard.
30. VANGUARD INTELLECTUAL PROPERTY
All photographs, videos, Photo Booth images, audio recordings, edited content, digital files, drone footage, designs, templates, project files and other media captured, created, edited or produced by Vanguard remain Vanguard’s intellectual property unless otherwise agreed in writing.
Vanguard retains copyright and all other intellectual property rights in such works.
No ownership or copyright is transferred to the Client except where expressly agreed in writing.
31. CLIENT LICENCE TO DELIVERED MEDIA
Upon full payment of all invoices, the Client receives a non-exclusive, non-transferable licence to use delivered media for personal, internal business and non-commercial purposes unless the quotation provides otherwise.
download and store delivered files;
share media with family, friends, guests and event attendees;
publish media on personal social media accounts;
display media within private residences or internal business environments; and
use media for personal record keeping and event memories.
31.1 Restrictions
The licence does not permit resale, third-party licensing or commercial exploitation without Vanguard’s prior written approval.
32. COMMERCIAL USE OF MEDIA
Commercial use of Vanguard-created media requires Vanguard’s prior written consent unless expressly included in the booking.
Commercial use includes paid advertising, product promotion, media publication, sponsorship activity, third-party licensing, sale or commercial distribution.
Vanguard may impose reasonable licence conditions, including attribution, approved uses, duration, territory and editing restrictions.
33. EDITING, ALTERATION & AI USE
The Client must not materially alter, manipulate, recolour, remove watermarks from, create derivative works from, or use generative or transformative AI tools on delivered media without Vanguard’s prior written approval, except for reasonable resizing or platform-required cropping that does not materially alter the work.
Where a platform automatically compresses, crops or reformats media, that automated processing is not treated as a breach by the Client.
34. RAW FILES & SOURCE MATERIAL
Raw photographs, unedited footage, source files, project files, timelines, layered edits, audio stems, working files and backup files remain Vanguard property and are not supplied unless expressly agreed in writing.
Delivered media represents Vanguard’s final creative product and professional standard.
35. ARTISTIC & CREATIVE DISCRETION
The Client acknowledges that photography, videography, DJ performance, styling and other creative Services involve professional judgment.
Creative decisions regarding shooting style, editing, colour grading, composition, image selection, music selection, sequencing, styling and final presentation remain at Vanguard’s professional discretion within the agreed brief.
Subjective differences in artistic preference do not, by themselves, establish a failure to exercise reasonable care and skill or entitle the Client to a refund.
36. IMAGE QUANTITY & MISSED CONTENT
Unless expressly guaranteed in writing, no minimum number of images or clips is promised.
Vanguard may exclude duplicates, test images, technically defective files, unflattering frames, closed-eye frames or material that does not meet Vanguard’s professional standard.
While reasonable efforts will be made to capture identified key moments, no event coverage can guarantee every person or moment.
37. EDITING & RETOUCHING
Standard editing may include reasonable adjustments to exposure, colour, contrast, cropping and general corrections consistent with Vanguard’s style.
Unless specifically included in the quotation, extensive skin or body retouching, object removal, background replacement, compositing, restoration, advanced manipulation or other substantial retouching is not included and may attract additional fees.
Vanguard may decline an edit that would materially misrepresent its work or that it reasonably considers inappropriate.
38. TECHNICAL FAILURE & DATA LOSS
Vanguard maintains professional equipment and reasonable backup procedures appropriate to the Services.
Equipment failure, memory-card corruption, power failure, internet outage, software error, file corruption, accidental loss, theft or other unforeseen technical issue may nevertheless occur despite reasonable precautions.
Where a technical problem occurs, Vanguard will take reasonable steps to mitigate the issue and, where possible, recover or substitute the affected Service.
Any remedy remains subject to applicable law, including the Australian Consumer Law.
39. MEDIA DELIVERY & TIMEFRAMES
Delivery timeframes are estimates unless expressly guaranteed in writing.
Typical photography delivery is approximately 4 to 18 weeks, with a sneak preview where offered generally provided within approximately 48 hours to 14 days.
Typical edited video, highlight film or reel delivery is approximately 6 to 12 weeks.
Delivery may vary with event size, seasonal demand, editing complexity, revision requests, staff availability, peak seasons, public holidays and circumstances outside Vanguard’s reasonable control.
40. REVISIONS
Where revisions are included, the Client must provide feedback within five Business Days of delivery unless another period is stated.
Revision requests must be submitted in a single consolidated list where reasonably practicable.
Additional revisions, re-edits or work outside the included scope may attract additional charges.
Revision rights do not require Vanguard to adopt changes that would materially depart from the agreed creative brief or professional style unless separately agreed.
41. GALLERIES, STORAGE & RETENTION
Where Vanguard provides an online gallery, the stated gallery access period applies. If no period is stated, Vanguard does not guarantee indefinite online availability.
Vanguard will generally retain delivered media for approximately one month after final delivery unless a different gallery access or retention period has been expressly offered.
After the applicable retention period, files may be deleted, archived offline or become inaccessible.
The Client is responsible for downloading, independently backing up and safeguarding delivered media before any stated expiry date.
Vanguard may use reputable third-party platforms to host, process, store or deliver media. Such platforms may occasionally experience maintenance, outages or other issues outside Vanguard’s reasonable control.
42. GUEST CONSENT & EVENT DOCUMENTATION
The Client acknowledges that photography, videography, Photo Booth services, Video Guestbooks, audio recording and other media capture may form part of the contracted Services.
The Client is responsible for informing guests, attendees, participants, parents, guardians, vendors and other relevant persons that media capture may occur where such notice is reasonably required.
The Client warrants that they have obtained, or will obtain, permissions and approvals that the Client is legally or contractually responsible for obtaining.
Vanguard may reasonably rely on the Client’s authority to engage event media Services and does not independently verify the consent status of every attendee unless otherwise agreed or required by law.
43. MINORS
Where minors attend an Event, Vanguard is engaged to document or service the Event and does not assume responsibility for supervising minors.
Vanguard is not responsible for determining the age, identity, parental permission or legal status of each person appearing in event media unless expressly engaged to do so.
The Client or relevant organiser remains responsible for any parental, school, organisational or venue permissions that are legally or contractually required.
The capture of an image does not constitute Vanguard’s endorsement or approval of conduct depicted in that image.
44. VANGUARD PROMOTIONAL USE
Unless the Client opts out in writing before the Event, the Client grants Vanguard permission, to the extent the Client is authorised to do so, to use selected Vanguard-created photographs, videos, Photo Booth images, reviews, testimonials and other event content for Vanguard’s portfolio, website, social media, marketing, advertising, publications, editorial features, industry awards, supplier or venue features and other reasonable business-promotion purposes.
Vanguard will handle personal information in accordance with applicable privacy law.
Where additional consent is required by law for a particular use, this clause does not remove that requirement.
45. VENUE, SUPPLIER & INDUSTRY SHARING
Unless the Client opts out in writing before the Event, Vanguard may provide selected Vanguard-created media to venues, suppliers, vendors, contractors and other businesses involved in or associated with the Event, subject to applicable law.
Vanguard may grant those parties a limited, non-exclusive licence for legitimate business purposes such as social media, websites, portfolios, venue or supplier showcases, editorial content and marketing.
Vanguard may impose attribution, tagging, editing or other reasonable licence conditions.
Copyright remains with Vanguard.
46. MEDIA OPT-OUTS
A Client who does not consent to Vanguard’s promotional use and/or industry sharing of event media should notify Vanguard in writing before the Event Date.
Vanguard will record and reasonably comply with the requested restriction, subject to applicable law, contractual obligations and any separately agreed permission.
An opt-out does not affect uses reasonably necessary to deliver the Services, maintain business records, comply with law, manage insurance or resolve a dispute.
47. THIRD-PARTY PUBLICATION & SOCIAL MEDIA
After media has been lawfully delivered or authorised for sharing, Vanguard is not responsible for independent publication, sharing, editing, reproduction, transmission or printing by the Client, guests, venues, suppliers or other third parties, except to the extent Vanguard is legally responsible.
Complaints about content independently published by a third party should ordinarily be directed to that publisher.
48. PRIVACY & PERSONAL INFORMATION
Vanguard may collect and use personal information reasonably necessary to manage enquiries, bookings, planning, payments, event delivery, galleries, communications, legal compliance and business administration.
Personal information may include names, contact details, event information, photographs, video, audio and other information supplied in connection with the booking.
Vanguard may use service providers for booking, payment, planning, gallery hosting, cloud storage, communications and administration.
Where the Privacy Act 1988 (Cth) applies to Vanguard, Vanguard will handle personal information in accordance with that Act and the Australian Privacy Principles.
Vanguard should maintain a separate Privacy Policy on its website explaining its information-handling practices in greater detail.
49. REMOVAL OR RESTRICTION REQUESTS
Requests for removal, deletion, restriction, editing, suppression or non-publication of media should be submitted to Vanguard in writing.
Vanguard will assess requests having regard to applicable law, privacy obligations, contractual obligations, insurance and record-keeping requirements, artistic integrity and the rights of relevant parties.
Where media has already been lawfully delivered, downloaded, copied, distributed or independently published by third parties, Vanguard cannot guarantee its recovery or removal from those third parties.
50. EQUIPMENT & PROPERTY DAMAGE
Only Vanguard staff and authorised persons may operate Vanguard equipment unless otherwise agreed.
The Client is responsible, to the extent permitted by law, for loss, theft, damage, misuse or interference caused by the Client or persons for whom the Client is responsible.
Reasonable repair or replacement costs may be charged at the cost of repair or current replacement value, plus GST where applicable.
Vanguard may cease use of equipment immediately where it is tampered with or safety is compromised.
51. LOST & ABANDONED PROPERTY
Vanguard is not responsible for personal property, gifts, phones, clothing, decorations or belongings left at an Event except to the extent loss or damage is caused by Vanguard’s failure to exercise reasonable care.
Items found by Vanguard may be retained for a reasonable period. Where practicable, collection or return may be arranged at the owner’s reasonable cost.
Vanguard may dispose of unclaimed low-value property after a reasonable period, subject to applicable law.
52. THIRD-PARTY SUPPLIERS & PLATFORMS
Vanguard is not responsible for the independent acts, omissions, delays, failures or cancellations of venues, caterers, celebrants, entertainers, transport providers, other photographers or videographers, internet providers, gallery platforms or other third parties, except to the extent Vanguard is legally responsible for them.
Where Vanguard engages a subcontractor to perform part of Vanguard’s contractual obligations, this clause does not exclude responsibility that the law places on Vanguard for that subcontracted performance.
53. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Vanguard excludes liability for indirect, incidental, special or consequential loss to the extent such liability may lawfully be excluded.
Where the Australian Consumer Law permits Vanguard to limit liability for failure to comply with a consumer guarantee relating to services, Vanguard’s liability may be limited, at Vanguard’s option, to supplying the services again or paying the cost of having the services supplied again, but only where that limitation is lawful and fair in the circumstances.
Nothing in the Agreement excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.
54. INDEMNITY
To the extent permitted by law, the Client indemnifies Vanguard, its directors, employees, contractors and representatives against claims, losses, liabilities, damages and reasonable costs arising directly from:
a material breach of the Agreement by the Client;
an unlawful or negligent act or omission of the Client or a person for whom the Client is legally responsible;
the Client’s failure to obtain a permission, approval, authorisation or consent that the Client was legally or contractually responsible for obtaining;
unauthorised use, publication, editing or distribution of Vanguard-created media by the Client; or
damage to Vanguard property caused by the Client or a person for whom the Client is legally responsible.
54.1 Limits on indemnity
The indemnity applies only to the extent permitted by law and does not require the Client to indemnify Vanguard for Vanguard’s own negligence, unlawful conduct, breach of contract or breach of a non-excludable consumer guarantee.
55. AUSTRALIAN CONSUMER LAW
Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, right, remedy or protection available under the Australian Consumer Law or other law that cannot lawfully be excluded.
Where Vanguard supplies services to a consumer, the services come with guarantees that cannot be excluded under the Australian Consumer Law. Remedies depend on the nature and seriousness of any failure and may include rectification, cancellation, refund for an unused portion or reduced value, and compensation for reasonably foreseeable loss where the law provides.
Any statement in the Agreement that an amount is non-refundable, that no refund applies, or that Vanguard is not liable is subject to this clause and applicable law.
56. DISPUTE RESOLUTION
If a dispute arises, the parties should first attempt to resolve it in good faith through written communication and reasonable discussion.
A party should provide sufficient details of the issue and the outcome sought to allow the other party a reasonable opportunity to respond.
Nothing in this clause prevents either party from seeking urgent relief, exercising a statutory right, making a complaint to a regulator or consumer agency, or commencing proceedings where a right to do so cannot lawfully be restricted.
56.1 INFORMATION SUPPORTING A DISPUTED CLAIM
Where either party seeks compensation or another remedy arising from an alleged breach or service failure, that party should provide reasonably available particulars identifying the issue, the loss or remedy claimed and the circumstances said to have caused it.
The parties should exchange reasonably available relevant evidence, which may include event communications, run sheets, invoices, receipts, payment evidence and steps taken to minimise the loss, while acting reasonably to protect confidential and personal information.
Both parties will seek to minimise avoidable loss and attempt to resolve disputes in good faith. Nothing in this clause prevents either party from exercising any statutory right, commencing lawful proceedings or seeking urgent relief.
57. NOTICES & WRITTEN COMMUNICATIONS
Notices and approvals under the Agreement may be given by email or other written electronic communication to the contact details used for the booking, unless a particular law requires another method.
The Client must keep their contact details current.
Vanguard may rely on written instructions received from an email address or contact method nominated by the Client unless Vanguard has reason to believe the instruction is unauthorised.
58. ASSIGNMENT & SUBCONTRACTING
The Client must not transfer or assign the booking to another person or entity without Vanguard’s written approval, which will not be unreasonably withheld where the change does not materially increase Vanguard’s risk or obligations.
Vanguard may use employees, contractors and subcontractors to perform the Services but remains responsible to the extent required by law for the performance of its contractual obligations.
59. WAIVER
A failure or delay by either party to enforce a right under the Agreement does not waive that right.
A waiver is effective only to the extent expressly given.
60. SEVERABILITY
If any provision of the Agreement is found to be invalid, illegal or unenforceable, it is to be read down to the minimum extent necessary where possible. If it cannot be read down, it may be severed and the remaining provisions continue to operate.
61. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between Vanguard and the Client concerning the booking, subject to rights and representations that cannot lawfully be excluded.
No prior verbal representation forms part of the Agreement unless incorporated into the written booking documents or otherwise legally binding.
62. ORDER OF PRECEDENCE
If there is an inconsistency between documents forming the Agreement, an expressly agreed written variation takes priority, followed by the accepted quotation or booking confirmation, followed by these Terms & Conditions, unless the relevant document expressly states otherwise.
Specific service inclusions stated in a quotation take priority over general descriptions in promotional material.
63. CHANGES TO TERMS
The version of these Terms & Conditions applicable to a booking is generally the version made available to the Client when the booking is entered into.
Publication of updated Terms & Conditions on Vanguard’s website does not, by itself, retrospectively alter an existing booking.
Any material variation to an existing Agreement must be agreed or otherwise permitted by law.
64. SURVIVAL
Clauses concerning payment obligations accrued before termination, intellectual property, licences already granted, confidentiality or privacy obligations, media use, indemnities, limitations of liability, dispute resolution and any provision intended by its nature to continue will survive completion or termination to the extent legally effective.
65. GOVERNING LAW & JURISDICTION
The Agreement is governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Queensland, subject to any jurisdiction, statutory right or consumer protection that cannot lawfully be excluded.
66. CONTACT DETAILS
Vanguard Events & Entertainment Pty Ltd
ABN 15 691 874 790
Jindalee QLD 4074
Phone: 0490 691 999
Email: info@vanguarddj.com
Website: www.vanguarddj.com
Proposed revision: 10 October 2026