Hey Jack Terms & Conditions
By engaging the services of HEY JACK (Hey Jack Pty Ltd) for an event, you (the Purchaser) expressly acknowledge that you have read, understood and agree to be bound by the below Terms and Conditions (T&Cs). You expressly acknowledge that Hey Jack will only attend and perform and provide any ancillary services at an Event on the condition that you have agreed to the following T&Cs. These T&Cs apply to all services supplied by Hey Jack (Music, Videography, Photography) to the Purchaser. The Purchaser acknowledges that the T&Cs prevail over any other representation to the contrary, oral or otherwise.
1) DEPOSIT/BOOKING FEE PAYMENT TERMS:
1. 1 Hey Jack does not accept tentative bookings or holding of any Hey Jack Talent on a specific date. All confirmed bookings will require payment of a minimum 50% Booking Fee, payable within two days of the Purchaser receiving an invoice from Hey Jack (Event Invoice). The Booking Fee acts not only as a security fee for the Talent but also as a pre-payment for the work done by Hey Jack prior to organising the event. A Hey Jack Artist or Talent isn’t considered booked unless the Booking Fee has been paid by the Purchaser.
1.2 Hey Jack requires the full payment of the Event Invoice to Hey Jack, by way of electronic bank transfer no later than 45 days before the commencement of the event. Where Hey Jack does not receive the full payment 45 days before the event, Hey Jack reserves the right to cancel the event until proof of payment of the event invoice has been provided to Hey Jack in writing by the Purchaser. The Purchaser’s written proof of payment of the Event Invoice must be expressly approved by Hey Jack (in its absolute discretion) prior to Hey Jack being required to perform the event.
2) CANCELLATIONS & LIMITATION OF LIABILITY:
2.1 Cancellations must be made in writing or by email to the event manager. No other form of cancellation will be accepted.
2.2 If the Purchaser cancels the event more than 30 days before the event, the cancellation fee is the loss of the Booking Fee. For the avoidance of doubt, all Booking Fees are non-refundable unless Hey Jack cancels the event or the parties agree in writing otherwise.
2.3 If the Purchaser cancels the event less than 30 days before the event, the cancellation fee is 100% of the event invoice.
2.4 If for any reason the Hey Jack Artist or Talent is not able to perform at the event due to illness, injury, accident, personal or otherwise unforeseen circumstances, all reasonable efforts will be made by Hey Jack to source a replacement Hey Jack Artist or Talent of a similar calibre.
2.5 If a replacement option offered by Hey Jack and approved by the Purchaser attracts a lower rate than the Hey Jack Artist or Talent previously booked for the event, a partial refund will be made by Hey Jack to the Purchaser for the cost difference between the initial Artist or Talent and the replacement.
2.6 If the replacement options offered by Hey Jack are not approved by the Purchaser (such approval not to be unreasonably withheld), a full refund for the payment of the Event Invoice (including the Booking Fee) will be provided to the Purchaser.
2.7 The Purchaser agrees that in all circumstances, Hey Jack’s liability shall be entirely limited to an amount equal to the Event Invoice that the Purchaser 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.
3) RESCHEDULING AN EVENT:
3.1 If the Purchaser rescheduled an event the following terms apply:
3.2 If the Purchaser elects to reschedule an event more than 60 days before the event, the Booking Fee is held, and a postponement fee of 20% of the total invoice amount is applied to the agreed rescheduled date. Rescheduled events are subject to availability
3.3 If the Purchaser rescheduled an event less than 60 days before the event, the full invoice amount is held and a postponement fee of 30% of the total invoice amount. Rescheduled events are subject to availability
4) BUMP IN / SET UP:
4.1 The standard bump-in time for Hey Jack Artists at any event is between 30-60 minutes before the Event start time. Bump-in time is used by Hey Jack and Hey Jack Artists or Talent to unload and set-up equipment and complete appropriate sound and quality checks.
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 this cost will be added to the Event Invoice.
5.1 A request by the Purchaser for an extension to the previously agreed Event duration, made not more than 48 hours from the commencement of the event, maybe accommodated (at the sole discretion of Hey Jack). Any agreed extension to a scheduled Event time is referred to below as Overtime.
5.2 Overtime will be charged at the cost of $200 + GST an hour per artist/DJ booked Hey Jack. Example of Duo booked = (2 X $200 p/h).
5.3 Payment for Overtime will be invoiced to the Purchaser after the Event (Overtime Invoice) and is due no less than seven (7) days after the Overtime Invoice is received by the Purchaser.
5.4 Hey Jack notes that it is preferable that, if there is a possibility that a Purchaser may wish to extend their booking to Overtime, the Purchaser informs their Hey Jack Event manager more than 48 hours before the Event commencement to confirm that the Hey Jack Artist or Talent booked is available to continue beyond the scheduled Event time to avoid any disappointment.
5.5 Whilst all efforts will be made to accommodate an Overtime request, Hey Jack reserves all rights to reject an Overtime request by the Purchaser for any reason whatsoever.
6.1 A suitable parking area must be available for the unloading and loading of Hey Jack, Hey Jack Artist’s or Talent’s equipment at the venue hosting the event. Additionally, the Purchaser must ensure adequate and direct access to the venue hosting the event for bump-in and pack-down. Parking fees greater than or equal to $20 for the time that Hey Jack, Hey Jack Artists or Talent are required to park will be invoiced by Hey Jack to the Purchaser. Car-parking fees incurred by Hey Jack, Hey Jack Artists or Talent under the value of $20 will be covered by Hey Jack free of charge to the Purchaser.
6.2. Payment of any invoices relating to car-parking issued by Hey Jack to the Purchaser must be paid not less than seven (7) days after such invoice is received by the Purchaser.
7) OUTDOOR EVENTS:
7.1 Hey Jack will use its reasonable endeavours to continue an Event during an inclement weather event. If the event is located outdoors or partially outdoors, Hey Jack and the Hey Jack Artist or Talent fully reserves the right to stop or cancel the event if, in Hey Jack’s sole opinion, the weather poses a potential danger to the Hey Jack Artist or Talent or its or Hey Jack’s equipment.
7.2 For all outdoor performances, the Purchaser shall, at its own cost, provide or cause to be provided a marquee or overhead shelter to adequately cover and protect all Hey Jack, Hey Jack Artist’s or Talent’s equipment. Hey Jack reserves the right to cancel the event where the protective cover provided by the Purchaser is not, in Hey Jack’s sole opinion, adequate.
8) PRICE VARIATIONS
8.1 Whilst every effort is made to maintain prices as quoted, invoices may be subject to increase without notice as a consequence of additional requests of the Purchaser, 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.
9.1. Hey Jack does not tolerate any violent, aggressive or abusive behaviour 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 or their or Hey Jack’s equipment is under threat then Hey Jack, the Hey Jack Artist or Talent fully reserves 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 Purchaser warrants to Hey Jack that it is responsible to Hey Jack and any Hey Jack Artist or Talent 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 Purchaser hereby authorises Hey Jack to collect, retain, use and disclose consumer and/or commercial information about the Purchaser in accordance with the Privacy Act 1988 (and its subsequent amendments) to persons or legal entitles who are a solicitor or any other professional consultant engaged by Hey Jack, debt collectors, credit reporting agencies or any other individuals or organisations which maintains credit references or default listings.
11) FORCE MAJEURE
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 the Hey Jack’s normal suppliers to supply necessary matter beyond the reasonable control of Hey Jack.
12) WEDDING FILMS – VIDEOGRAPHY SPECIFIC
12.1 Our cinematic showreel is tightly edited to the soundtrack which HEY JACK selects, based on the footage taken from the day. The soundtrack leads the edit.
12.2 HEY JACK has creative licence with the wedding film edits – that is; clients leave it up to us to select the footage which constitutes the edits. However, we do, of course, factor in any client requests entered into the brief. We are highly experienced in selecting shots which creatively capture the highlights and the emotion of the day. Entrusting us with this editing process ensures a consistently high-quality film for all of our clients.
12.3 Should there be any need to re-edit aspects of the films; this can be arranged at a rate of $150 + GST per hour. The delivery time for the re-edited content is subject to our workloads with other projects.
12.4 Of course, some details will be re-edited free of charge if they are an error at our end. These include:
– Spelling errors – for names and text titles
– Technical faults including pixelation or audio/visual sync issues – both of which are an extreme rarity.
12.5 Documentary edits are essentially the raw footage of those specific key moments, put down on the editing timeline with the original audio. It features the key moments in a comprehensive fashion. It includes the speeches from the ceremony and reception (if applicable) in their entirety.
12.6 Fully edited documentary edits feature multiple camera angles, background music and effects added throughout the clip to produce a more cinematic edit.
12.7 The duration of the Documentary Edits are varied and depend on the length of the proceedings such as speeches, ceremony duration etc. If we capture more footage, we of-course include that in the video.
By the same token, if the events on the day such as the first dance, reception speeches and/or dance floor action are particularly short (or non-existent), this may affect our ability to fulfil these Extended Edits.
12.8 With our filming approach, we cannot provide an edit with every single second of the day. We do not set up cameras on tripods and just leave them running (except for the speeches). This would look incredibly bland. We are focussed on filming a wedding creatively, so the film has a modern aesthetic. We take care on the day setting up our shots, capturing the major and minor details, and working with lighting and exposures to ensure our work is a blend of comprehensive coverage and artistic integrity.
12.9 It’s vital a client specifies the initial shoot locations and timings. We are on hand to then assist with these suggestions and details.
12.10 All film content we produce may be used on our website, social media or blog. If a client would prefer not to have their film used in these forums that is fine, the client must just notify us of this via email@example.com and mention the date and venue of the wedding.
12.11 All RAW footage will be stored by Hey Jack for a period of 12 months following the time of delivery. Any required re-edits to the Showreel and/or Extended Edits must be requested before that 12 month period expires. All raw footage will be discarded after the 12 months.
12.12 All Shorter Edits and Extended Edits will be uploaded to HEY JACKs Vimeo account. It is the client’s responsibility to make sure these videos are downloaded and backed up securely. The Highlights Edits (Showreel and Insta Edit) will be stored on our Vimeo account long term however the Documentary Edits will only be stored for 12 months following the wedding date.
12.13 Please note, if you are adding a second filmmaker, we do not split our filmmakers for the preparations as this can create problems with angles and audio captured, parking/travel logistics and the management of memory cards and footage. A second shooter can be used during ceremony and formal reception proceedings to capture multiple angles.
12.14 In the event of a technical malfunction which results in any lost footage from the day, the client will receive a refund of the service costs. It is vital to point out that this issue has fortunately never occurred in the history of the business, and, Hey Jack continues to maintain the most diligent equipment maintenance programs and cloud-based backing up procedures to prevent such an issue.
12.15 Our filmmaker(s) will capture what a client has requested within the online run sheet. If the reception speeches, first dance etc. fall behind schedule, then they will automatically stay to capture the key moments stipulated within the brief. If this exceeds the scheduled finished time by 1min – 15mins, then the filmmaker(s) will stay without charge.
After that 15 minutes, the filmmaker(s) will remain at the cost of $70 per filmmaker per 15-minute increments, as required. Please note that extra time shooting on the day also results in extra footage and time in post-production, so our additional time costs need to factor this in.
Our filmmaker(s) will try to liaise with a client when formalities run overtime, but they are also sensitive to approaching a couple on their wedding night. Clients are welcome to contact our team at any stage to discuss. If timings go overtime, our filmmaker(s) will notify the Hey Jack Events manager once the shoot has finished, and the costs will be added to the balance invoice. Timings can often run behind schedule so clients should always allow some margin for error, and if things are going to be tight, alert the MC to this so they can help to keep things on track.
12.16 Regarding timings, if a client has booked a photographer outside of Hey Jack, they must be told that our filmmakers will require a small amount of time on the location shoot and at the preparations (if applicable) where they are given “right of way”. This is vital to ensure we can set up shots with the couple, family and wedding party without the photographer in the frame, and capture the creative shots that are consistent with our cinematic style.
12.17 If any permits are required for Hey Jack to work at a client’s chosen locations, then these must be organised and paid for by the client.
12.18 Drones: Drone is only included when a client has booked our drone add on package. Our filmmaker(s) can only utilise a drone in accordance with the Australian Government’s Civil Aviation Safety Authority (CASA). There are extensive “no-fly zones” that exist (particularly near CBD locations), and the safe distances from people in which a drone can be operated. Our business (and all of our filmmakers) are knowledgable of the extensive requirements stipulated by CASA. We do not expect clients to understand all of CASA’s rules and regulations. However, we do 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 reserves the right to decide whether the drone can be flown or not. Safety in such a situation is always paramount. A full refund for this component will be applied if this so happens.
13.1 If the Purchaser 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 Purchaser will always end up with the chosen act. If the Purchaser book a Hey Jack Duo, they are guaranteed that the Singer of the duo will be performing at the wedding. Guitarists are contractors and therefore, cannot commit to events in advance. For example, if you book Jordyn Duo, the Purchaser is guaranteed Jordyn for the day. However, she works with other guitarists who are at the same calibre and standard as her promotional videos. This applies to all Duo acts.
14) LAWS OF VICTORIA:
14.1 The T&Cs are governed by and interpreted in accordance with the laws of the State of Victoria, Australia. The Purchaser irrevocably submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia. If any provision of the T&Cs is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
14.2 If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute a binding agreement between the Purchaser and Hey Jack.
15) PROMOTIONAL TERMS:
Referring to the COVID19 “Band” Together Package, the following terms and conditions apply:
15.1 Rescheduling will depend on artist availability. If your booked artist is not available for your rescheduled date, we will provide some alternative artists for you to choose from.
15.2 Free rescheduling applies as a one-off move of date. If you move your event date twice due to unforeseen circumstances outside of Hey Jack’s control, our standard rescheduling fees apply as per our General Terms.
15.3 Current no-fee rescheduled dates are on or before 30/11/2020. This is subject to change upon government restrictions and updates.
15.4 $150 off promotion applies to only “Saxophone” services and needs to be booked with a DJ package. This offer expires on 30th August 2020.
15.5 $500 off promotion applies onto to “Polished Memories Film Package” booked at the same time with an Entertainment “All Day Package”. This offer expires on 31st July 2020.
15.6 Complimentary drone footage with every booking expires 31st July 2020. Subject to availability.