Hey Jack Terms & Conditions
,By engaging the services of Hey Jack Pty Ltd (hereinafter referred to as “Hey Jack”) for an event, the client expressly acknowledges having read, understood and agreed to be bound by the following Terms and Conditions (T&Cs). These T&Cs apply to all services supplied by Hey Jack (including Music, Videography, and Photography) to the client. The client acknowledges that these T&Cs prevail over any other representation to the contrary, whether oral or otherwise.
GENERAL TERMS (APPLICABLE TO FILM, PHOTO AND ENTERTAINMENT)
DEPOSIT AND PAYMENT TERMS:
1.1. Hey Jack does not accept tentative bookings or hold any talent for a specific date without a confirmed booking. A minimum 30% booking fee is required within two days of the client receiving an invoice from Hey Jack (Event Invoice). The booking fee serves as a security fee for the talent and pre-payment for Hey Jack’s services.
1.2. The full payment of the Event Invoice must be made to Hey Jack via electronic bank transfer no later than 45 days before the event’s commencement. Hey Jack reserves the right to cancel the event if payment is not received in full 45 days before the event, and proof of payment must be provided and approved by Hey Jack (at its absolute discretion) before Hey Jack commits to perform at the event.
EVENT CANCELLATIONS AND CHANGE OF MIND
2.1. Cancellations must be made in writing or by email to the event manager. Booking fees/deposits are non-refundable except within 48 hours of the booking time frame. During this 48-hour “cooling off” period, a full refund will be provided for a change of mind. After this period, all monies are non-refundable under any circumstances.
2.2. The client acknowledges that deposits are non-refundable regardless of the reason or notice given before the event date, as they secure the client’s date and prevent Hey Jack from booking other work for that date. The client is liable for any monies lost.
2.3. If the client wishes to change an act and retain their booking with Hey Jack, the 30% deposit paid for the initial act will be forfeited.
2.4. If the client cancels the event more than 30 days before the event, the cancellation fee is the total deposit amount. Booking fees are non-refundable unless Hey Jack cancels the event or the parties agree in writing otherwise.
2.5. If the client cancels the event less than 30 days before the event, the cancellation fee is 100% of the event invoice.
2.6. If a Hey Jack talent is unable to perform at the event due to illness, injury, accident, personal or unforeseen circumstances, Hey Jack will make reasonable efforts to find a replacement artist or talent of similar caliber.
2.7. If a replacement option offered by Hey Jack and approved by the client attracts a lower rate than the initially booked artist or talent, a partial refund will be made by Hey Jack to the client for the cost difference.
2.8. If the replacement options offered by Hey Jack are not suitable and approved by the client, a full refund of the Event Invoice (including the Booking Fee) will be provided to the client.
2.9 The client agrees that in all circumstances, Hey Jack’s liability shall be entirely limited to an amount equal to the Event Invoice that the client has paid, and Hey Jack shall not be in any way liable for any indirect or consequential damages arising from non-performance of the event under, or any other breach of, the T&Cs.
RESCHEDULING AN EVENT:
3.1. If the client reschedules an event with Hey Jack, the following terms apply:
3.2. If the client elects to reschedule an event more than 45 days before the event, the booking fee is held as a credit, and a postponement fee of 20% of the total invoice amount is applied and payable to secure the new rescheduled date. Rescheduled events are subject to availability, and if the chosen artist is not available on the chosen date, cancellation fees apply.
3.3. If the client reschedules an event less than 45 days before the event, the full invoice amount is held, and a postponement fee of 30% of the total invoice amount is applied. Rescheduled events are subject to availability.
BUMP IN / SET UP / PERFORMERS:
4.1. The standard bump-in time for Hey Jack artists at any event is 45-60 minutes before the event starts. Bump-in time is used by Hey Jack and its artists or talent to unload and set up equipment and complete appropriate sound and quality checks. Any additional bump in time required for the musicians will incur an additional fee based on the musician’s hourly rate.
4.2. If the Hey Jack artist or talent is required to be set up earlier than the standard 30-60 minutes, an additional early set-up cost will be incurred and added to the Event Invoice.
4.3 If the client has requested a specific Hey Jack solo act, we must provide this solo act for their wedding. Unless a significant emergency occurs, i.e. family death or illness, the client will always end up with the chosen act. If the client books a Hey Jack Duo/Trio, they are guaranteed that the duo’s Singer will be performing at the wedding. Guitarists and other instrumentalists are contractors and, therefore, cannot commit to events in advance. For example, if you book Jordyn Duo, the client is guaranteed Jordyn for the day. However, she works with other guitarists of the same calibre and standard as her promotional videos. This applies to all duo, trio, and band acts.
5.1. A request by the client for an extension to the previously agreed Event duration, made not more than 48 hours from the commencement of the event, may be accommodated at the sole discretion of Hey Jack.
6.1. A suitable parking area must be available for the unloading and loading of Hey Jack, its artists’ or talent’s equipment at the venue hosting the event. Additionally, the client must ensure adequate and direct access to the venue hosting the event for bump-in and pack-down. Hey Jack will invoice parking fees greater than or equal to $20 when its artists or talent are required to park, to be paid by the client. Car-parking expenses incurred by Hey Jack, its artists or talent under the value of $20 will be covered by Hey Jack free of charge to the client.
6.2. Payment of any invoices relating to car parking issued by Hey Jack to the client must be paid not less than seven (7) days after the client receives such invoice.
7.1. Hey Jack will use reasonable endeavors to continue an event during inclement weather. If the event is located outdoors or partially outdoors, Hey Jack and its artists or talent reserve the right to stop or cancel the event if, in Hey Jack’s sole opinion, the weather poses a potential danger to the artists, talent, or their equipment.
7.2. For all outdoor performances, the client shall provide or cause to be provided, at its own cost, a marquee or overhead shelter to adequately cover and protect all Hey Jack, its artists’ or talent’s equipment. Hey Jack reserves the right to cancel the event if the protective cover provided by the client is deemed inadequate in Hey Jack’s sole opinion.
8.1 While every effort is made to maintain prices as quoted, invoices may be subject to increase without notice due to additional requests of the client, requirements for the event, or unforeseen circumstances. This includes, but is not limited to: paid parking, induction fees, early or difficult bump-in, and additional time requirements.
8.2 Performance Time and Accommodation Requirement: In the event that the performance of any musician(s) engaged through Hey Jack extends beyond 1:00 AM, the client shall provide an accommodation allowance. The accommodation allowance will be set at $150 per musician.
This mandatory allowance will be applied automatically to the total invoice for services provided, in cases where musicians are required to perform past 1:00 AM. The accommodation allowance is intended to cover the costs associated with overnight stays, ensuring the comfort and safety of our musicians following late-night performances. Clients must notify Hey Jack at least 48 hours in advance if they anticipate that the performance will extend beyond 1:00 AM, to allow appropriate arrangements to be made.
9.1. Hey Jack does not tolerate any violent, aggressive, or abusive behavior from any person at a venue where Hey Jack performs an event. If at any time any Hey Jack representative, artist, or talent feels that their personal safety or the safety of their equipment is under threat, Hey Jack, its artists, or talent reserve the right to terminate the event at any time. In these circumstances, no refund for the event will be provided and will be forfeited in full.
9.2. By agreeing to these T&Cs, the client warrants to Hey Jack that it is responsible for any harm caused to any Hey Jack artist or talent or any Hey Jack, or Hey Jack artist’s or talent’s equipment by any person at the venue hosting the event (whether a guest or otherwise).
10.1. The client authorizes Hey Jack to collect, retain, use, and disclose consumer and/or commercial information about the client in accordance with the Privacy Act 1988 (and its subsequent amendments) to persons or legal entities who are a solicitor or any other professional consultant engaged by Hey Jack, debt collectors, credit reporting agencies, or any other individuals or organizations which maintain credit references or default listings.
11.1. Hey Jack is not responsible for any failure to perform any obligation under these T&Cs if its performance has become impossible due to fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Hey Jack’s normal suppliers to supply necessary matter beyond the reasonable control of Hey Jack.
FILM & PHOTO POST-PRODUCTION
LEAD TIMES & SPECIFIC DELIVERABLES
1.1 Hey Jack shall provide all videography deliverables within 4 months following the wedding date.
1.2 Highlight Film – A bespoke, hand-crafted narrative edited to an expertly chosen soundtrack featuring audio from vows and speeches. The film duration may vary (e.g. 4-5 minutes) due to the nature of song selections.
1.3 Ceremony Film – Editing commences from the processional and concludes shortly after the bride and groom’s recessional, with multiple camera angles incorporated.
1.4 Speeches Film – Inclusions: Multiple camera angles of all wedding speeches. Exclusions: All other reception formalities such as establishing/detail shots, cocktail hour, entrance, people shots, cutting the cake, formal dances, dancing, shoe games, bouquet toss, and farewell.
1.5 Reception Film – Inclusions: Chronologically edited footage featuring venue and detail shots(if applicable), and highlight snippets of wedding entrances, speeches, cake cutting, formal dances, dancing, and farewell. Exclusions: Shoe Games (or other games), visual presentations, bouquet toss, and garter toss. Note: Full speeches will be displayed, while other formalities will be presented as highlights.
1.6 Social Media Film – A customised, hand-crafted social media teaser edited to a carefully selected soundtrack, typically 30-40 seconds long.
1.7 Documentary Film – Inclusions: A 30-minute film edited chronologically to capture longer sequences of preparation, ceremony, portrait session, entrances, speeches, dance formalities, and dance floor. Opting for a second videographer on the day is highly recommended to maximise this upgrade’s potential.
ARTISTIC STYLE & EDITING – FILM
2.1 The client acknowledges that Hey Jack requires and retains discretion concerning the services provided (e.g. posing, camera, lens choice). Clients recognise and are familiar with Hey Jack’s portfolio and stylistic choices, understanding that the art form constantly evolves and the delivered film will differ from past work. Hey Jack reserves the right to make creative choices within the boundaries of this agreement.
2.2 The client shall not reject any edited film based on style or composition. The client agrees to hire Hey Jack for its technical and artistic expertise, allowing Hey Jack to edit the film as deemed appropriate, consistent with the standard of its previous work. Specific shots cannot be guaranteed due to the nature of a live event; however, all efforts will be made to capture requested shots.
2.3 Following the wedding date and completion of services, the video footage is subject to a careful selection process by Hey Jack. Hey Jack reserves the right to strategically choose ideal images and video shots for delivery to clients. All culling and editing decisions are under Hey Jack’s sole authority.
3.1 Scope of Photo Editing Services: Hey Jack is committed to delivering high-quality wedding photography that captures the essence and emotion of your special day. Our photo editing services are an integral part of this commitment. We provide professional editing to enhance the natural beauty of your photographs. This includes adjustments for exposure to ensure your photos have the perfect light balance, color adjustments to bring out vibrant yet natural tones, and tweaking brightness and contrast to highlight the details in each frame. Additionally, we fine-tune sharpness to enhance clarity, apply subtle grain effects for a classic touch, and meticulously compose each frame for an aesthetically pleasing result. Our team also expertly adjusts white balance to ensure the colors in your photos are true to life. For portraits, we offer skin smoothing to gently refine the photos, presenting you and your guests at your best. Each of these adjustments is carefully applied to respect and enhance the authenticity of your wedding day memories.
3.2 Limitations of Editing Services: While we strive to provide a comprehensive range of photo editing services, there are certain enhancements and alterations that fall outside our scope. It is important for our clients to understand that Hey Jack does not perform bodily enhancements or reductions in photographs. We believe in preserving the natural appearance of individuals as captured on your special day. Additionally, we do not offer services to alter skin pigmentation or to modify clothing in photographs. These types of alterations require specialized skills and are beyond the scope of our wedding photography services. Should you require such specific alterations, we recommend consulting with a specialized photo retouching agency that offers these services. Our commitment is to present your wedding day as it truly was, beautifully and naturally, and these limitations help us maintain this authenticity in our work.
VIDEO PUBLISHING AND ARCHIVING
4.1 Hey Jack shall delete all raw video footage one year after delivering the final edited films to the client via an online gallery. Clients are responsible for downloading and saving the provided films in multiple locations to ensure their safety.
4.2 The final edit of the production will be provided on Vidflow, a personalised website for clients to view and download their wedding films. No additional USB or Hard Drives will be delivered.
4.3 Raw footage or unedited footage will not be provided to the client under any circumstances. The final edited film will be the only footage provided to the client. Details of the films included in the package booked can be found on the provided invoice.
FILM REVISIONS AND MUSIC SELECTION
5.1 Clients choose Hey Jack based on their expertise in shooting and editing; therefore, creative and artistic aspects are at Hey Jack’s discretion. Hey Jack’s experience in selecting shots and capturing the day’s highlights and emotions ensures a consistently high-quality film for all clients.
5.2 Technical errors, such as incorrect names, colour correction, stabilisation, and rare technical faults like pixelation or audio/visual sync issues, will be rectified free of charge within 7 days of video receipt. Due to large 4K video file sizes, after 7 days, the project will be archived in the cloud for one year post-wedding. Technical fault requests made after archiving incur a $150 +GST administration fee.
5.3 Non-technical error revisions will incur additional charges, payable in full before any changes or re-editing. A quote will be provided before amendments, charged at $290 + GST per hour.
5.4 Revisions will be completed within 2-4 weeks after receiving payment for amendments.
5.5 Hey Jack supplies suitable licensed music for the video. To avoid copyright infringement, Hey Jack pays a license fee for wedding video music. Music selection is vital for creating an unforgettable film that captures the magic of the special day. The production team hand-picks the perfect tunes to enhance the footage and showcase the day’s vibe. Hey Jack’s team may try several tracks during post-production to find the ideal fit for the film.
5.6 Commercial Music – Live recording: Hey Jack Films does not use live music in their highlights or feature film packages as standard. If live music recording is required, please contact Hey Jack Films before the wedding/event.
5.7 Editorial Discretion: At Hey Jack’s complete discretion, further changes and edits to the gallery may or may not be accepted. This ensures the artistic integrity and creative vision that is synonymous with Hey Jack’s work. If further edits are deemed necessary by the client, they must be discussed and agreed upon with Hey Jack, in accordance with the terms and conditions outlined above. Hey Jack reserves the right to refuse further alterations that may compromise the quality and artistic direction of the film.
LOCATION ACCESS, FEES, AND PERMITS
6.1 If clients choose a location that charges access and/or permits for photography and film, clients are responsible for all associated fees, including but not limited to entrance fees and parking. Clients are also responsible for organising location access and required permits.
SUBSTITUTION OF SHOOTERS
7.1 In the unlikely event a Hey Jack videographer or photographer cannot fulfil their responsibilities due to illness, death, fire, an act of God, or other events beyond Hey Jack’s control, a substitute professional from the team will be arranged.
8.1 Hey Jack requires at least one hot meal for all creative contractors on the wedding day.
RESTRICTIONS WITH ENVIRONMENT
9.1 Restrictions imposed by others (e.g., church, external photographer, guests, reception) and limitations of the physical environment, safety, weather, poor acoustic conditions, or other uncontrollable conditions can affect video coverage quality and extent. Hey Jack is not responsible for unshot scenes. Clients must discuss and gain permission from the venue for filming the wedding. Venue restrictions may impact the wedding film quality.
9.2 Hey Jack will not film in rain or inclement weather that could damage equipment. If weather prohibits filming, some scenes may not be captured.
9.3 Environmental audio is recorded during specific parts of the day, such as the ceremony and speeches. Hey Jack will make every effort to record audio professionally but is not responsible for extraneous sounds, including wind, air conditioning units, mobile phone ringing, emergency vehicles, crying children, and coughing.
EQUIPMENT FAILURE OR LOSS OF DATA
10.1 In the unlikely event of equipment failure or difficulties, Hey Jack Films will seek suitable replacement equipment immediately. The equipment used on the day is at Hey Jack Films’ discretion. Hey Jack Films takes measures to prevent filming interruptions due to equipment failure, damage, loss, or theft. However, if such events occur and result in missed filming/audio or damaged footage after the event, Hey Jack Films’ liability is limited to the refund of the deposit or a pro-rated refund based on the amount of footage lost. Hey Jack Films will not be held responsible for any consequential damages, emotional distress, or other intangible losses arising from equipment failure or loss of data.
DATA STORAGE/ARCHIVING/RAW FOOTAGE
11.1 Hey Jack Films retains digital video and audio files for 6 months post-wedding/event. After this period, files will be deleted or archived at Hey Jack Films’ discretion.
11.2 Hey Jack Photography retains raw images for 3 months post-wedding/event. After this period, files will be deleted or archived at Hey Jack Films’ discretion.
11.3 Clients are responsible for backing up and securely storing their delivered wedding film, highlights, and any other digital files. Hey Jack Films is not responsible for maintaining a copy of the delivered products beyond the 12-month storage period.
11.4 In no circumstances will Hey Jack provide raw images or video files.
FILM AND PHOTO ADDITIONAL HOURS
12.1 This agreement covers the specified hours continuously. The covered time begins when the contractor arrives at the first location and ends when they leave the last location. Additional coverage can be requested at an hourly rate of $290 + GST.
13.1 Hey Jack Films shall be entitled to use the film and photos for their promotional purposes and publications, including, but not limited to, website and blog, portfolio, social media, magazine articles, in print, and exhibition material unless otherwise agreed.
14.1 Drone coverage is only included when a client has booked a package with a drone included. Our filmmaker(s) can only utilise a drone in accordance with the Australian Government’s Civil Aviation Safety Authority (CASA). Extensive “no-fly zones” exist (particularly near CBD locations), and there are strict regulations regarding safe distances from people where a drone can be operated. Our business (and all of our filmmakers) are knowledgeable about the extensive requirements stipulated by CASA. We do not expect clients to understand CASA’s rules and regulations. However, we expect all clients to acknowledge this authority as the governing body for drone operation, which our business must abide by. If the weather conditions are unsafe for operating a drone, i.e., there are thunderstorms or the wind is gusting above 30 knots, Hey Jack Films reserves the right to decide whether the drone can be flown or not. Safety in such a situation is always paramount.
14.2 Drones, vows, and speeches do not go well together because of the noise that drones make. Drones are not quiet due to their high-powered motors, which turn the propellers to produce uplift. For this reason, the drone will only be used before your guests arrive and after the ceremony has finished.
14.3 Drones cannot fly in strong winds or any kind of rain. We will endeavor to try and launch the drone at some point during the day if the usual timings, such as the drinks reception, are made impossible due to bad weather. If we are unable to capture any drone footage during the day, we will refund the cost of the drone footage option if purchased as a standalone upgrade. No refunds will be made if the drone is included in a bundled package.
LIMITATION OF LIABILITY
15.1 Hey Jack Films will take every reasonable effort to produce a high-quality, professionally edited film. However, clients acknowledge and understand that Hey Jack Films cannot guarantee the exact final outcome, as the final product is subject to various factors such as lighting, weather, environment, and the cooperation of the couple and their guests.
15.2 In the unlikely event that Hey Jack Films is unable to fulfil the terms of the contract due to unforeseen circumstances, Hey Jack Films’ liability is limited to the refund of any monies paid by the client. This includes, but is not limited to, equipment failure, data loss, or personal emergencies.
15.3 Hey Jack Films will not be held liable for any special, incidental, indirect, punitive, or consequential damages arising from the use of or inability to use the products and services provided, even if Hey Jack Films has been advised of the possibility of such damages.
15.4 We at Hey Jack understand that your wedding is a live, dynamic event. As such, our skilled photographers will endeavor to capture the essence and important moments of your day to the best of their abilities. However, it is important to acknowledge that due to the spontaneous nature of live events, certain shots or moments may be missed. Factors such as venue rules, guest interference, lighting conditions, or other unforeseen circumstances may impact our ability to capture every desired image. While we commit to doing everything within our professional capacity to avoid such situations, Hey Jack cannot be held liable for any missed shots. We appreciate your understanding that some elements of the day may fall beyond our control
COPYRIGHT AND USAGE
16.1 The copyright of all videos, photographs, and other media created by Hey Jack Films remains the property of Hey Jack Films. The client agrees to grant Hey Jack Films a perpetual, royalty-free, worldwide license to use the footage and photographs for promotional purposes, including, but not limited to, social media, marketing materials, and website content.
17.2 Clients are granted a non-exclusive, non-transferable, personal use license to use the delivered videos and photographs. Clients may share the videos and photographs with friends and family, but commercial use or sale of the media is strictly prohibited without the express written consent of Hey Jack Films.
CHANGES TO CONTRACT TERMS
18.1 Hey Jack Films reserves the right to update or modify these contract terms at any time without prior notice. In the event of a contract term update or modification, the revised terms will apply only to bookings made on or after the effective date of the change. Clients who have booked services prior to the change will be subject to the terms in effect at the time of booking.
GOVERNING LAW AND JURISDICTION
19.1 This agreement and any disputes arising from or in connection with it shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia for the resolution of any disputes arising from this agreement.
20.1 Neither party shall be held liable for any failure to perform its obligations under this agreement if such failure is caused by events beyond the party’s reasonable control, including but not limited to acts of God, war, terrorism, industrial disputes, fire, flood, or other natural disasters. In the event of a force majeure event, the affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact of the event.
21.1 This agreement, including the booking form and any other documents referred to herein, constitutes the entire agreement between the parties and supersedes any previous agreements, understandings, or arrangements, whether oral or in writing, relating to the subject matter of this agreement.
21.2 No modification, amendment, or waiver of any provision of this agreement shall be effective unless in writing and signed by both parties.
22.1 If any provision or part of this agreement is found to be invalid, illegal, or unenforceable, that provision or part shall be deemed severed from this agreement, and the remaining provisions and parts shall continue in full force and effect.
23.1 Neither party may assign, transfer, or subcontract any of its rights or obligations under this agreement without the prior written consent of the other party, except that Hey Jack Films may assign its rights and obligations to a third-party videographer or subcontractor as required to fulfil its obligations under this agreement.
24.1 Any notices or other communications required or permitted under this agreement shall be in writing and shall be deemed given when delivered personally, by email, or by registered or certified mail (postage prepaid, return receipt requested) to the address or email address specified by each party in the booking form.
25.1 Hey Jack Films is an independent contractor, and nothing in this agreement shall be construed to create an employer-employee relationship, partnership, or joint venture between the parties.