TERMS & CONDITIONS

Thank you for choosing Architects of Vibe Pty Ltd [ABN 64 619 764 733] hereafter (‘our’, ‘we’, ‘us’) for your designated event (‘the Booking’).

This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use the Goods and Services supplied by us (‘the Terms’).

Please read these terms carefully before booking with us, or using our Goods and Services. The Terms enclosed are important because they set out the rights and obligations of you as the Client, the details of your Booking Date, and the use of our Goods and Services at your designated event (‘your Booking Date’).

Your Booking is confirmed once we have received an executed copy of these Terms, or you have agreed to these Terms on our online booking system. However, where you fail to provide an executed copy of the Terms but proceed to use our Goods and Services, pay our Booking Fee, or
instruct us as to how the Goods and Services will take place on your Booking Date, you confirm your agreement to be bound by these Terms.

This agreement expressly supersedes prior agreements or arrangements with you.

1. Scope of Services
1.1. We provide event planning and entertainment goods and services as outlined on your invoice and/or event cost summary sent via email.
1.2. Where requested, we also provide one or more of the following Goods and Services, as outlined in below and in our invoice;
1.2.1. Styling, coordination, planning and set up/pack down of any of the above;
1.2.2. design, consultation and an operator for any equipment in respect to our technical services;
1.2.3. The provision of visual effects such as atmospheric effects, including but not limited to dry ice and cold spark systems (‘the Visual Effects’);
1.2.4. The provision of hire items, including but not limited to lighting and audio visual supplies (‘the Hire Items’). (hereafter, referred to as “Goods and Services”).

2. Non-Refundable Booking Fee
2.1. You must pay a non-refundable booking fee of 50% of the total price quoted by us. The Non-Refundable Booking Fee not only constitutes the reservation of your Booking Date, but also payment for work performed and costs and expenses associated with doing so.
2.2. You acknowledge that through booking a specific date that your Booking is held, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms. The Non-Refundable Booking Fee is considered liquidated damages and has been set as a genuine estimate of loss suffered in the event you cancel your Booking at any point.
2.3. The Non-Refundable Booking Fee is not transferable to another Booking Date or another type of Goods or Services (unless otherwise provided within these terms), and the variation of your Booking constitutes a new booking, subject once more to these
Terms.

3. Payments
3.1. The final balance of your invoice from us must be paid fourteen (14) days prior to the Booking. Failure to pay monies due means that we may suspend or withhold the performance of the Goods and Services until such payment is made, and all complimentary services may be cancelled.
3.2. For payments other than the Non-Refundable Booking Fee, we will provide you with an invoice for the Goods and Services in advance. Any payments made to us will be made by direct deposit or credit card. Any credit card payments will incur a surcharge fee.
3.3. Where you receive or make payment of the Order Invoice through the assistance of a Third-Party Payment Provider such as Stripe, Alipay, Shopify etc (‘TPPP’), you acknowledge that you have read over those TPPP terms and conditions thoroughly. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep their information including their email address and payment
details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the Order.
3.4. We reserve our right to charge interest and pass on debt collector fees incurred whilst recovering payment of any invoices.

3.5. If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
3.6. In the event that you choose to pay the full amount, or an amount greater than the Non-Refundable Booking Fee outlined in Clause 2 earlier than fourteen (14) days prior to the Booking, you do so at your own initiative and the money will not be refunded where you choose to cancel or postpone your Booking.
3.7. Where the Booking requires substantial travel for us, the amount will be outlined in the quote provided to you.

4. Changes to Prices and Packages
4.1. Prices and package options for the Goods and Services are subject to change under the following circumstances:
4.1.1. If the amount of work actually undertaken increases beyond what has been outlined in any package offering;
4.1.2. If the scale of the Booking, or the nature of the event subject of the Booking (for whatever reason) changes and increases beyond what was initially discussed and agreed between us; and
4.1.3. If you change your mind on certain styling elements, from what the original agreed concept was, we must make additional changes to confirmed bookings, and undertake further work.

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5. Cancellation, Postponement or Termination of a Booking
5.1 Cancellation You may cancel this agreement at any time, by notifying us in writing. In doing so, you forfeit the monies paid to date with the understanding no work or deliverables will take place following the notification of your intention to cancel and/or failure to respond to a request in a timely manner.
5.2 Postponement
5.2.1. Where you give notice, being three (3) months, you may postpone your Booking to a date mutually agreed between us. If a date is agreed, your Non-Refundable Booking Fee will be retained and you will be required to pay a further Non Refundable Booking Fee to obtain that new date. Where reasonable attempts have been made to find a mutually acceptable future date and parties are unable to agree, you forfeit monies paid in accordance with Clause 8.1.
5.2.2. Where you give notice within three (3) months but no less than fourteen (14) days from the Installation Date, you may postpone your Booking to a date mutually agreed between us. If a date is agreed, your Non-Refundable Booking Fee will be retained, but all other monies paid will be credited to you. You will only be required to pay a further Non Refundable
Booking Fee to obtain the new Installation Date. Where reasonable attempts have been made to find a mutually acceptable future date and parties are unable to agree, you forfeit monies paid in accordance with Clause 8.1.
5.2.3. Where you give notice within fourteen (14) days from the Installation Date, you may postpone your Booking to a date mutually agreed between us. If a date is agreed, your Non-Refundable Booking Fee will be retained, but all other monies paid will be credited to you. You will only be required to pay a further Non Refundable Booking Fee to obtain the new Installation Date. Where reasonable attempts have been made to find a mutually acceptable future date and parties are unable to agree, you forfeit monies paid in accordance with Clause 8.1.
5.2.4 Where you cannot give fourteen (14) days from the Installation Date, all monies will be retained and the Booking will be treated as cancelled.
5.2.5 In instances where you wish to postpone, you are allowed one postponement only. The new Installation Date or use of credit must be within twelve (12) months of the original Installation Date otherwise your postponement will be treated as a new Booking.
5.2.6 Should your new proposed Booking Date be in a new calendar year, you may be liable for any variations to the price of Equipment or Services.
5.2.7 In considering a postponement, you acknowledge that any Hire Items or selected services may not be available. As such, you must confirm their availability with us prior to determining the mutually accepted new date. Should a Hire Item be unavailable, we will offer you a credit on that Hire Item for you to use another Item on that day. If you choose not to pick another Hire Item of the same or similar value, the credit lapses and no refund will be issued.
5.2.8 You agree and acknowledge that we have the right, at any time, to cancel this Agreement if we consider that you are not meeting your contractual obligations; or you, in our reasonable opinion, make unreasonable or excessive demands; and In both cases you will forfeit all monies paid to and including that date.

5.3 Termination
5.3.1 We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of the Invoices. Where we terminate the agreement for a breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
5.3.2 At any time, before or during the Event, we may withdraw or cancel our Services in some circumstances. Such circumstances include but are not limited to (i) discovery of new information; (ii) changes to agreed circumstances, (iii) other factors which tend to circumvent our policies, including non-cooperation, changes in locations, facilities, or available times,
missed appointments and late payments or (iv) threatening, harmful or violent behaviour or damage to our equipment. You acknowledge that in such circumstances you are not entitled to any refund or compensation for the cancellation or withdrawal of Services.

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6. Introductions and Referrals to Third Parties
6.1. As part of our Services, we arrange and coordinate the Goods and Services of third parties. However, in the unlikely event that we do not engage with those third parties directly, but rather, make introductions and referrals to vendors, you are under no obligation to work with any vendors to whom we introduce. If you do use these vendors, you make the decision to use that vendor independently of our recommendation.
6.2. If you do engage a recommended vendor of ours, it is expected that you will be required to enter into terms and conditions with the vendor and it is your responsibility to fully understand the rights and obligations of that contractual arrangement. We cannot and will not give you advice on these contractual arrangements and you must take the opportunity to obtain
independent advice, whether legal or otherwise, in relation to these contractual arrangements.
6.3. It is important that you understand that we are not responsible for the payment of invoices for any of these vendors.
6.4. We will not be liable for any claim, demand, loss, costs or expense made by any person arising from your relationship with a vendor introduced by us. You agree to indemnify and hold us harmless for any loss and damage arising from such relationships, or for any non-performance, error or change made by you or the vendor.
6.5. You acknowledge that if you need to change the date or any other aspect of your Booking, you may risk any monies paid to the vendor and those payments are your responsibility as the contracted party.

7. Cooperation
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. We are not responsible for key individuals’ failure to be present or to cooperate during any meetings with us, or the Booking itself.

8. Your Obligations
8.1. You understand that we require fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on your part will not be treated by us as an emergency. You understand that we may require detailed clarification of events/projects to meet your expectations and provide the best support and highest quality work.
8.2. You will provide all content, outlines, photos, and other pertinent information necessary for any special projects, including custom builds. Source material must be clear and legible. You are responsible for providing all pertinent information, and accurate, truthful and complete information, necessary for us to perform or complete the Services for the Booking Date.
8.3. You understand that last minute changes can impact the quality of the event and as a result, will not be responsible for these compromises in quality.
8.3.1. You agree to the following deadlines during the planning and styling process. All the Booking Date concept decisions are to be finalised and vendors chosen at the earliest convenience. Where you make late changes can be requested from fourteen (14 ) days before the Booking Date.
8.3.2. All detailed orders for your concept design must be finalised fourteen (14) days before the Booking Date.

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9. Provision of Special Effects

i.e Bespoke Theming & Technical Concepts / Equipment
9.1. We reserve the right to not run Visual Effects and or utilise our theming or technical equipment if anyone is in danger or the environmental elements at hand could cause harm or injury to our workers, event attendees / workers or to the equipment itself.
9.2. Set up fees will be charged accordingly. Set up may include placement of items to assist with the Special Effects in the predetermined area as agreed by you.
9.3. We accept no responsibility for the run time of the Visual Effects. The run time is an estimation and is a trade-off between run time and a more ambient effect.
9.4. The Visual Effect equipment must be operated by our technician. Any unauthorised use or operation will void the Booking and result in the full fee being charged and the Booking being cancelled.
9.5. We will not be responsible for any refunds if you have failed to attain appropriate approval from the venue for the use of low-lying effects inside or outside of the venue.
9.6. The run sheet for the Visual Effects must be submitted seven (7) days prior to the Booking. Failure to provide correct timing information may result in additional fees if the event is behind or ahead of schedule. Any changes to the run sheet must be within the seven (7) days’ notice period and must be approved by us.
9.7. We accept no responsibility for the cleaning of confetti, damages to any property, or injuries. This is your responsibility and by making payment you have acknowledged this responsibility.

10. Intellectual Property
10.1. You acknowledge that we may take images and/or video of you using us at your Booking. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free nonexclusive licence to use any such images for our marketing purposes.
10.2. Any photographs, videos or sound recordings taken by you and/or Guests must be for personal use only and must be taken legally.
Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited. An exemption applies for Stylists, Conference Organisers and Videographers, where appropriate consent for reproduction, and acknowledgement of services, is obtained by us in writing.

10.3. Images of people, places and/or products posted on our website are either our exclusive property or are used herein with our express permission. Unless otherwise noted, all content included on our website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is our property or our suppliers,
partners, or affiliates and is protected by Australian and international copyright laws. You also acknowledge that you have read and understood any of our terms and conditions that relate to the use of content and material on our Website.

11. Model Release
11.1. You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs of you and your event attendees or in which you or they may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.
11.2. You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in photography so as to ensure that we can use and publish the photographs of those persons.
11.3. You hereby release us and resign from all claims and liability relating to said photographs. It is agreed that we may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by us.

12. Cooperation and House Rules
12.1. You agree to obey all reasonable written and verbal instructions given by us and its Contracted Personnel without objection in response to the Goods and Services.
12.2. You acknowledge that we are limited by the guidelines of the ceremony official or the venue site management if applicable. You agree that you will be at all times responsible for obtaining any necessary consents associated with the Event’s host venue for the Goods and Services and we will not be liable for any loss whatsoever resulting from a failure to perform the Goods and Services on the basis that the Event’s host venue has refused the Goods and Services to be provided.
12.3. You must also advise of any issues that may prevent us from performing at your Event as soon as you become aware of such issues. You further agree to indemnify us and that you are liable for loss suffered as a result of your failure to notify us of such issues or if we have suffered any loss associated with your Booking.

13. Hours of Coverage
13.1. Hours of coverage are as outlined in the invoice and/or event cost summary. You acknowledge however that we and our Contracted Personnel cannot operate past the designated closing time of your Booking.

14. Food and Beverages for Contracted Personnel
You agree to provide any of the Contracted Personnel attending the Booking with appropriate and sufficient food and beverages for the duration of the Booking, unless otherwise agreed with us.

15. Safety
15.1. You shall agree, while working with us on or at the Booking, you are not to undertake any illegal or dangerous activities that threaten our safety, well-being or liability.
15.2. You agree to provide a safe environment for us and our Contracted Personnel to prevent unauthorised interference or removal of any equipment from the arrival of us and our Contracted Personnel at the Booking, to the time of completion of engagement. The engagement will be completed at the time we and our Contracted Personnel remove all equipment from the Booking.
15.3. Further, you accept that it is not our responsibility to ensure you, and your other vendors, are following government regulations with respect to COVID-19 or any other health directive, including those restrictions relating to gatherings, social distancing, and dancing. As it is your responsibility, you agree to arrange enough supervision or security at the Booking to ensure all government regulations relating to the gathering of persons are adhered to.
15.4. If these regulations are not strictly adhered to and we or our Contracted Personnel feel the personal safety of its employees and officers are at risk, we reserve the right to exit the event and cease our Services. If this occurs, you forfeit any fees paid.

16. Quarantine
In that case of unavoidable absence due to a contagious disease and our quarantine, either in our immediate household or required quarantine elsewhere, we shall be paid on the same basis as if we were performing our role in accordance with these Terms. Where we have been required to quarantine as a result of Government direction and our work with you, and by doing so, we incur costs (including but not limited to flights or hotel costs), you will reimburse us or pay those costs directly. We reserve the right to withhold Goods and Services where the work is to be performed in a Government’s formally identified “hot spot”. This will not be treated as a breach of contract or termination at will by us. If the Goods and Services are provided on an on going basis (ie. Multi day festival, exhibition), should we need to cease operations due to COVID-19 restrictions, we shall be paid a lay-off rate of XXXXXXX per fortnight until such time as it is able to resume or is deemed unable to continue.

17. Supplier Items
17.1. All items that have been hired by you from other vendors, which have been sourced as part of the event styling or coordination package, must be packed up by you in accordance with the relevant supplier’s terms and conditions.
17.2. Unless it has been agreed for us to pack down items on the Booking Date, we will not be liable for additional fees incurred from other vendors if the items are not packed up or ready for collection.

17.3. We will not be liable, in any instance, for damage to other vendor items. We are also not responsible for finding missing or lost items. We will not be responsible for circumstances where you are charged additional fees by the vendors due to damage or loss of items.

18. Site Services
18.1. Where we provide Services for you at the Site, each of the following are Essential Terms of this Agreement, which you must comply with. You must:
18.1.1. Ensure that we are able to access the Site at all times specified by us and at all other reasonable times so as to enable us to provide the Services;
18.1.2. Ensure that the Hire Items when installed remain in place at the Site for the Period of Hire and that the Site is not required for any other purpose which would require the Hire Items to be dismantled and re-installed or which may put the whole or any part of the Hire Items at risk of being lost damaged or destroyed;
18.1.3. Ensure that all access to the Site is given to us and that such time as is required by us is available at the conclusion of the Period of Hire to enable us to dismantle and remove the Hire Items from the Site;
18.1.4. Do all such things as are necessary to discharge your obligations under all applicable Occupation Health and Safety legislation, regulations and codes of practice so as to ensure that the Site and the Hire Items as installed are safe and free from defects and dangerous conditions;
18.1.5. Ensure that where the Hire Items are being installed on any structure or held in place by any structure that the structure is capable of holding the weight of the Hire Items and that the structure is properly erected so as to be safe and so as to take the anticipated loads involved in holding the Hire Items;
18.1.6. Ensure that the Site is safe for all of our employees and contractors to carry out the Services required of us under this Agreement;
18.1.7. If we deliver the Hire Items to the Site, you are responsible for the Hire Items once they are delivered to the Site.
18.2. You acknowledge that we may in providing the Services be dependent upon other contractors preparing the Site for the Hire Items
or their installation. We will not be liable for any delay in installing the Hire Items or for providing the Services where such delay is a consequence of any act or omission.
18.3. It is the exclusive responsibility of you to ensure that:
18.3.1. The Site is safe for the installation and use of the Hire Items; and
18.3.2. All required facilities are available and are in place, are safe and in good working order.

19. Subcontracting of Services
19.1. In the unlikely event of severe medical, natural, or other emergencies occurring before the start of the Booking, it may be necessary to retain alternative personnel. We will make every effort to secure replacement or additional personnel able and/or willing to provide similar Goods and Services as chosen in this contract at the cost, otherwise any monies paid shall be refunded.
19.2. Where a Contracted Personnel of us encounters a medical or other emergency during the Booking Period, the full fee shall remain payable.
19.3. Where we are unable to find Contracted Personnel within a reasonable time frame of between 45 minutes to one and a half (1.5) hours of the previous Contracted Personnel leaving the venue, a part refund may be negotiated.
19.4. Where we are unable to find an alternative Contracted Personnel at all, a full refund will be issued.

20. Warranty, Liability and Indemnity
20.1. To the extent that the Australian Consumer Law allows, we provide the Goods and Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with
respect to the Goods and Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
20.2. To the fullest extent permitted by law you agree that neither we or our Contracted Personnel will be liable to you or any person for any loss, damage or claim resulting from or arising out of your use (or inability to use) the Goods and Services, or our attendance at the Booking. You engage us entirely at your own risk, and we assume no duty of care to you with respect to the Event or the quality of the Goods and Services you require. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms. The aggregate liability to you for any other losses resulting from the use of us and your Event is limited to the aggregate amount paid for the Services at the Booking.
20.3. We agree that while we will provide the Goods and Services to the best of its ability, it accepts no responsibility for unforeseen circumstances (but for Force Majeure Events outlined in Clause 22) that may prevent it from providing the Goods and Services, including but not limited to, equipment failure, power outages, illnesses or inability of its Contracted Personnel to attend and provide the Goods and Services.
20.4. To the fullest extent permitted by law, you agree to indemnify and hold harmless us, and our Contracted Personnel, or any officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Goods and Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not
contemplated at the time of making the Booking or accepting these Terms.

21. Force Majeure
21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any “Events Beyond Our Control”. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (‘force majeure circumstances’). If an event outside our control takes place that means the performance of our obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you; and our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the “Event Outside Our Control”.
21.2. This clause does not apply in circumstances where the “Event Outside Our Control” still makes the Booking possible, but you cancel the Booking or vary the Booking because the alleged “Event Outside Our Control” causes mere inconvenience or changes the Booking in a manner that does not suit you. In this instance, any fees and charges that are deemed non-refundable remain so and we are only obliged to use its reasonable endeavours to provide an alternative date.
21.3. In force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the Event Outside Our Control is over however if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies, excluding the Booking Fee, will be returned to you.
21.4. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, we will credit any amount paid already for a date that can be mutually agreed, taking into account the reasonable loss of each party.
21.5. If you choose to book again and an Event Beyond Our Control is foreseeable, based on Government guidance, then the booking is done so at your own risk and we are not liable for any loss suffered as a result of the failure of your second booking to proceed.

22. Privacy
By engaging us to provide the Services, you acknowledge that you have read our Privacy Policy, which can be found on our website.

23. Jurisdiction
These Terms and any dispute relating to the same are governed exclusively by the laws of Queensland or the state in which the event is due to take place.

24. Severability and Waiver
24.1. If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Agreement.
24.2. Any failure by us to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.

25. Amendments and Variations
We reserve the right to revise and update these Terms and Conditions by making any changes immediately without notifying you, except by providing you with the amended Terms and Conditions. We may revise these terms from time to time. The revised terms will take effect when we have provided them to you and your continued usage of us for your Event after any changes to these Terms and Conditions will mean you accept those changes.

26. Execution by Parties
This agreement must be executed by each Authorised Person named (unless the parties are an incorporated entity). In instances where it is signed by one Authorised Person, that Authorised Person acknowledges and warrants that they have the authorisation to execute the
agreement on behalf of the other Authorised Person. In doing so, they also warrant that the other person has read and understood the Terms prior to providing permission to execute.