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 explicitly 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.
DEPOSIT/BOOKING FEE PAYMENT TERMS:
1. 1 Hey Jack does not accept tentative bookings or hold any Hey Jack Talent on a specific date. All confirmed bookings will require a minimum 30% Booking Fee, payable within two days of the purchaser receiving an invoice from Hey Jack (Event Invoice). The Booking Fee acts as a security fee for the talent and pre-payment for the work done by Hey Jack.
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 event’s commencement. If payment is not received in full, 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. The purchaser’s written evidence of payment of the event invoice must be approved by Hey Jack (in its absolute discretion) before Hey Jack providing to perform the event.
CANCELLATIONS & LIMITATION OF LIABILITY:
2.1 Cancellations must be made in writing or by email to the event manager. Under no circumstance is the booking fee/deposits refunded unless within 48 hours of the booking timeframe. Within this 48 hour “cooling off” period, we will provide a full refund for change of mind. After this 48 hour timeframe, our talent is paid a Booking Fee, and all monies are not refundable under any circumstances.
2.2 Our deposits place a hold on the purchaser’s date, and therefore no other work for that particular date can go ahead. The purchaser is aware that our deposits are non-refundable no matter the reason or notice before your date. The purchaser is liable for any monies lost.
2.3 If the Purchaser cancels the event more than 45 days before the event, the cancellation fee is the loss of the total invoice amount. To avoid doubt, all Booking Fees are non-refundable unless Hey Jack cancels the event or the parties agree in writing otherwise.
2.4 If the Purchaser cancels the event less than 30 days before the event, the cancellation fee is 100% of the event invoice.
2.5 If for any reason the Hey Jack Talent is not able to perform at the event due to illness, injury, accident, personal or otherwise unforeseen circumstances, all reasonable efforts to source a replacement Hey Jack Artist or Talent of a similar calibre.
2.6 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.
2.7 If the replacement options offered by Hey Jack are not suitable and approved by the purchaser, a full refund for the payment of the Event Invoice (including the Booking Fee) will be provided to the purchaser.
2.8 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.
RESCHEDULING AN EVENT:
3.1 If the Purchaser reschedules an event with Hey Jack the following terms apply:
3.2 If the Purchaser elects to reschedule an event more than 45 days before the event, the booking fee is held to secure the new date, and a postponement fee of 20% of the total invoice amount is applied to the final balance. Rescheduled events are subject to availability
3.3 If the Purchaser 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 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 will be added to the Event Invoice.
4.3 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 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 purchaser 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 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 $300 + GST an hour per artist/DJ booked Hey Jack. Example of Duo booked = (2 X $300 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. The hourly overtime rate in this instance would be discounted to $200 p/h per musician.
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. Hey Jack will invoice parking fees greater than or equal to $20 when Hey Jack Artists or Talent are required to park to the purchaser. Car-parking expenses 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 the purchaser receives such invoice.
7.1 Hey Jack will use their 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 with a marquee or overhead shelter to cover and protect all Hey Jack adequately, 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.
8.1 Whilst every effort is made to maintain prices as quoted, invoices may be subject to increase without notice due to 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 of 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 entities 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.
11.1 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.
COVID-19 PANDEMIC POLICY:
12.1 If it is impossible for you to proceed with your wedding on your booked dates due to Government-imposed restrictions or health orders, or we are unable to operate due to COVID-19 impacts, we offer a fee-free postponement of your booking to your future wedding date.
12.2 If you elect to postpone the event due to international travel or state border restrictions, and events are permitted in Victoria, our standard terms of agreement apply (see point 3.2,3.3).
12.3 In no circumstance will the booking fee/deposit be refunded. The booking fee covers all Hey Jack administrative costs, including a fee payable to the artists to secure the date.
WEDDING FILMS AND PHOTOGRAPHY SPECIFIC TERMS
RESTRICTIONS WITH ENVIRONMENT
13.1 Restrictions imposed by others (church, photographer, guests, reception) and the constraints of the physical environment, safety, weather, poor acoustic conditions or other conditions outside our control can affect the quality and extent of the video and photography coverage possible, and Hey Jack will not be responsible for scenes not included. Therefore, it is essential and the purchaser’s responsibility to discuss and gain permissions with the venue (Church/Wedding Venue/other) that you are having your wedding filmed. They may have filming restrictions that could impact the quality of your wedding film.
13.2 Hey Jack will not film/photo any event in the rain or other inclement weather such as would damage Hey Jack equipment. If weather conditions prohibit filming the event either in part or in whole and arrangements have not been made to move the event indoors, certain scenes may not be shot.
13.3 Environmental audio is recorded during certain parts of the day such as the ceremony and speeches. Hey Jack will take great care that audio is recorded as professional as possible but is not responsible for extraneous sounds such as, but not limited to, wind, air conditioning units, the ringing of mobile phones, passing emergency vehicles, crying children, coughing.
COMPLETION & DELIVERY
14.1 The turnaround times for film and video vary depending on the time of the year. In most scenarios, photography turnaround time is 1-2 months post-event. Film turnaround is usually 2-4 months.
14.2 Photography and Film will be delivered via an online gallery to download the low resolution and high-resolution file formats. This gallery expires in one-year post-delivery. We advise that you download all the photos onto a hard drive to keep for safekeeping.
15.1 Hey Jack will assume that the purchaser accepts the quality of the finished video unless informed to the contrary within 28 days of the video, photos being received. Amendments can be made after this time charged out at $290 + GST per hour.
15.2 The purchaser has chosen Hey Jack based on their shooting and editorial style; therefore, creative and artistic aspects, such as shooting and editing styles, are at the discretion of Hey Jack. Technical errors will be corrected free of charge. We are highly experienced in selecting shots that 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.
15.3 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 extremely rare.
16.1 Hey Jack will supply appropriate licensed music for the video. We need to pay to license the music to avoid copyright infringement. It’s also essential that the music complement the feel of your wedding day without sounding outdated after ten years.
17.1 Every effort will be made to ensure your event is recorded in full on the day. Multiple cameras (where possible) are used to minimise problems caused by equipment failure, and these are also used to film certain parts of the event from a different angle.
FILM AND PHOTO ADDITIONAL HOURS
18.1 An agreement covers the specified hours on a continuous basis. The covered time begins when the contractor arrives at the first location and ends when he leaves the last location. Additional cover can be requested at an hourly rate of $290 + GST.
18.2 Hey Jack shall be entitled to use the film and photos for their own promotional purposes and publications, including, but not exclusively, website and blog, portfolio, social media, magazine articles, in print and exhibition material, unless otherwise agreed.
FILM DOCUMENTARY EDITS
19.1 These long-form documentary edits are essentially the raw footage of 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). Fully edited documentary edits feature multiple camera angles, background music.
19.2 The duration of the Documentary Edits varies and depends on the length of the proceedings, such as speeches, ceremony duration and coverage on the day. 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 to the full duration.
RAW FOOTAGE STORED
20.1 All RAW footage will be stored by Hey Jack for 12 months following the delivery time. Any required re-edits to the films and photography must be requested before that 12 month period expires. All raw footage will be discarded after 12 months.
21.1 Drone 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). 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.
LAWS OF VICTORIA:
22.1 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.
22.2 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.