PERTH LEARN PHOTOGRAPHY
STUDENT AGREEMENT – PART A: SCHEDULE
NOTE: You (the Customer) will make a binding legal contract (the Agreement) with Lighthouse Studio Productions (ACN 128 696 659) trading as Perth Learn Photography (PLP) when you sign and date this Schedule.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU SIGN.
- PLP’s legal name: Lighthouse Studio Productions (ACN 128 696 659) trading as Perth Learn Photography (PLP)
Address: PO Box 678, Claremont, WA, 6910
Contact: Cyrus Roussilhes
Phone: 0411 166 034
- Customer’s details As per information included on booking.
- Student details As per information included on booking.
- Instruction Services PLP will provide the following services to the Student:
As per details provided on the booking/ticketing page.
- Fees The Fees payable to PLP are: As per details provided on the booking/ticketing page.
The Fees are payable in the following manner: As per details provided on the booking/ticketing page.
CYRUS ROUSSILHES, Director
for and on behalf of Lighthouse Studio Productions (ACN 128 696 659) trading as Perth Learn Photography
(b) Customer By purchasing a ticket, the student agrees to this Student Agreement and any other terms listed on the booking/ticketing page.
PERTH LEARN PHOTOGRAPHY
STUDENT AGREEMENT – PART B: TERMS & CONDITIONS
NOTE: You (the Customer) will make a binding legal contract (the Agreement) with Lighthouse Studio Productions (ACN 128 696 659) trading as Perth Learn Photography (PLP) when you sign and date the Schedule. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU SIGN.
“Agreement” means this Student Agreement, made up of three components: (PART A) the Schedule; (PART B) these Terms & Conditions; and (PART C) the Code of Conduct.
“Business Day” means any day except a Saturday, Sunday or gazetted public holiday in the relevant part of Western Australia.
“Code of Conduct” means the set of instructions issued by PLP to all participants in the Instruction Program, including the Student, which forms PART C of this Agreement.
“Confidential Information” means information that is marked as confidential, secret or something similar, or that is disclosed in circumstances where the receiver should reasonably understand that the discloser intends the receiver to treat the information as confidential, but does not include information already in the public domain, or which the receiver invents independently, or which the receiver has obtained from a third party who has not breached any confidentiality obligation by providing that information to the receiver.
“Customer” means the person or entity that makes this Agreement with PLP.
“Fees” includes all amounts that the Customer is obliged to pay us under this Agreement.
“GST Law” means the laws of the Commonwealth of Australia governing the imposition, payment and collection of Goods and Services Tax.
“Intellectual Property Rights” includes all rights in intellectual property recognised by the Convention Establishing the World Intellectual Property Organisation (14 July 1967).
“Instruction Program” includes any syllabus, timetable of instruction, methodology, or set of lessons implemented by PLP to teach the Student photography and deliver the Instruction Services.
“Instruction Services” means the teaching, coaching, and related services that PLP will provide to the Student at the request of the Customer under this Agreement.
“Instruction Session” means a coaching, teaching or other supervisory situation conducted by PLP involving the Student, whether indoors or outdoors, and whether in a formal classroom setting or not.
“Parties” means both PLP and the Customer, and “Party” means either of them.
“PLP” or “we” means Lighthouse Studio Productions (ACN 128 696 659) trading as Perth Learn Photography, including its principals, employees and subcontractors.
“Schedule” means the schedule to this Agreement, which forms PART A of the Agreement.
“Student Products” include all literary, dramatic and artistic works that the Student creates during Instruction Sessions, in any format, including photographic, video, and audio elements.
“Student” means the person enrolled by the Customer as a student with Perth Learn photography, whether the Customer or another person e.g. a child of the Customer, and, if the Student is the Customer, means the Customer.
(a) This Agreement commences on the date when it is executed by the Parties, or the date on which PLP commences providing the Instruction Services, whichever is sooner.
(b) This Agreement expires 12 months after the date of commencement, or when the Customer has completed payment of all outstanding fees, whichever is later.
- Basic Agreement
(a) PLP agrees to provide the Instruction Services in consideration for the prompt and full payment of the Fees.
(b) The Customer agrees to pay the Fees at the time(s) and in the amount(s) required by this Agreement, in consideration for the provision of the Instruction Services by PLP to the Student, subject to the terms and conditions set out in this Agreement.
- Payment of Fees
(a) The Customer agrees to pay the Fees specified in the Schedule, at the time(s) and in the amount(s) or instalments specified there.
(b) If PLP is registered for GST, it will issue the Customer with tax invoice(s) compliant with the GST Law, if GST applies to the supply of the Instruction Services, and the Customer will pay the applicable GST in addition to the Fees.
(c) If any part of the Fees is overdue, the Customer will be liable to pay penalty interest of 6% p.a. of the overdue amount, calculated daily, until the overdue amount is paid, together with PLP’s costs of recovering the overdue Fees and interest.
(d) PLP may vary its Fee rates from time to time, but such variations will apply only to new services, unless the Parties agree to apply the variation to this Agreement.
- Parties’ Obligations
In addition to any other obligations that the Parties have under this Agreement:
(a) PLP will:
(1) deliver the Instruction Services, subject to clause 8, to a good standard of quality, having regard to prevailing standards in the Australian photography industry;
(2) design and implement the Instruction program in a competent and professional manner;
(3) ensure that all of its principals, employees and subcontractors who are involved in delivering the Instruction Services are competent and qualified to do so, and, if the Student is a minor, ensure that such persons have Working With Children certifications; and
(4) use its best endeavours to ensure that the Student receives the Instruction Services in a healthy and safe environment.
(b) The Customer will:
(1) ensure that the Student complies with all instructions given by PLP during the Instruction Sessions, and the Code of Conduct;
(2) if the Student is aged under 12, ensure that the Student is accompanied by a supervising adult at all times during Information sessions attended by the Student; and
(3) inform PLP, prior to the commencement of delivery of the Instruction Program to the Student, of any special requirements, allergies, vulnerabilities, behavioural problems, physical or mental handicaps, illnesses, or any other unique or unusual characteristics of the Student that could reasonably affect the health, safety or wellbeing of the Student or any other person, or the manner of delivery of the Instruction Services.
(c) If the premises or location where the Instruction Program is being conducted is occupied or operated by a third party, the Customer will ensure that the Student follows all directions or instructions given by that third party in relation to the use of premises or location, as specially ones relating to health and safety.
(d) PLP disclaims responsibility for the personal property of Students and/or any parent or guardian or other visitor of a Student brought to any Instruction Session or venue where the Instruction Services are delivered, and it is the Customer’s and Student’s responsibility to safeguard such property adequately.
(e) The Student must not bring any hazardous objects or materials to an Instruction Session, or behave inappropriately, as prohibited by the Code of Conduct.
(f) If the Student participates in a photo shoot where he or she is photographed by other students or PLP, the Customer hereby agrees and consents on its own behalf and that of the Student to the Student’s image being captured in that context and used for the purposes of that Instruction Session and any other use(s) authorised by this Agreement, free of any fees or royalties.
- Intellectual Property and Confidential Information
(a) The Parties agree that the Customer will own the Intellectual Property in the Student Product, but PLP is hereby licensed in regard to that Intellectual Property as provided by this clause.
(b) PLP is granted a perpetual, fee-free and royalty-free, worldwide, irrevocable licence to use and exploit the Intellectual property in the Student Product for PLP’s commercial activities, including marketing and promotion, showing examples of student work to other students, instructional activity, and display on its website, subject only to the Student’s moral rights as the author of the Student Product.
(c) PLP owns the Intellectual Property in the Instruction Program, except where it is a licensee of that Intellectual Property, and in any event neither the Customer nor the Student will acquire any rights in that Intellectual property merely by reason of this Agreement being made or the Student participating in any Instruction Session or the Customer or Student receiving any Instruction Services.
(d) Each Party will respect the confidentiality of the Confidential Information of the other Party, and take all reasonably available precautions to avoid the improper use and disclosure of that information.
(a) Either Party may terminate this Agreement immediately if the other Party commits a material breach of the Agreement, by giving the other Party written notice.
(b) Either Party may terminate this Agreement for convenience, by giving the other Party one week’s written notice.
(c) If the Customer terminates this Agreement for convenience under subclause (b) above, the Customer will not be entitled to a refund of any pre-paid Fees, but PLP in its absolute discretion may agree to refund some or all of those Fees, depending on the circumstances.
- Delivery of the Instruction Services; Release
(a) PLP will take all reasonable precautions and care to ensure the delivery of the Instruction Services proceeds in accordance with this Agreement, including in particular the Instruction Program.
(b) In the event of suspension or abandonment of the Instruction Program because of a personal accident, or the illness or death of any person involved in the delivery of the Instruction Services or the Instruction Sessions, or the unexpected failure of any of equipment used or to be used in the delivery of the Instruction Services, or any other reason beyond PLP’s control, or because of any dispute regarding Intellectual Property, PLP will not be liable to the Customer or the Student for any compensation, besides refunding any relevant part of the Fees, in the sole discretion of PLP, and the Customer hereby releases PLP from liability for any loss that the Customer or the Student may experience as a result of any of these things.
- Mutual Indemnity and Insurance
(a) Each Party hereby indemnifies and will continue to indemnify the other Party in respect of all loss, damage or claims that arise from a material breach of this Agreement by the first-mentioned Party, except to the extend caused by the other Party’s own negligence or wilful misconduct, and except to any extend expressly limited or excluded elsewhere in this Agreement.
(b) PLP will use its best endeavours to arrange that the delivery of the Instruction Services to the Student is covered by appropriate and adequate insurance, including public liability insurance that covers the Student when attending any premises to receive the Instruction Program. The Customer acknowledges that such premises may be owned or operated by third parties over whom PLP has no control, and that some of the Instruction Program by its nature will occur outdoors in public places where no particular person may be responsible for the safety of visitors.
(a) Governing Law and Jurisdiction. This Agreement is governed by the laws in force in the State of Western Australia, and the Parties submit to the non-exclusive jurisdiction of the courts of that State in all matters arising under this Agreement.
(b) Entire Agreement. This Agreement represents the entire agreement of the Parties in respect of all matters with which it deals, and all prior or separate representations, negotiations or understandings are hereby excluded.
(c) Compliance with Laws. Each Party must comply with all laws that apply to it in respect of its performance of this Agreement.
(d) Relationship. The relationship of the Parties is that of independent contractors, and nothing in this Agreement is intended to create any other type of relationship.
(e) Variation. This Agreement may be varied only in signed by or on behalf of the Parties.
(f) Severability. If any part of this Agreement is found to be illegal, void or unenforceable, that part will be ignored and the remainder of the Agreement will be given full effect and be binding on the Parties.
(g) Waiver. If either Party fails to exercise any right given to it by this Agreement, or delays in doing so, that failure or delay will not represent a waiver of the relevant right on that or any other occasion, and any waiver must be in writing signed by the Party giving it to be effective.
(h) Disputes. If any dispute regarding the application or interpretation of this Agreement arises between the Parties, a Party raising a dispute may not resort to litigation to resolve the dispute, except for applications for urgent injunctions, unless it has first applied the following procedure, namely it has:
(1) notified the other Party of the nature of the dispute;
(2) negotiated in good faith with the other Party to resolve the dispute;
(3) if negotiation is unsuccessful, referred the dispute to an independent, mutually acceptable mediator for mediation under a recognised code of mediation practice, with the Parties to share the costs of mediation equally, and participated in good faith in the mediation; and
(4) if the Parties are unable to agree upon a mediator either of them may request the President of the Law Society of Western Australia to appoint one for them.
(i) Confidentiality. Where either Party discloses any Confidential Information to the other Party, the receiving Party must respect the confidentiality of that information, and must safeguard it with all necessary care and not disclose it to any third party without the prior, express permission of the disclosing Party.
(j) Privacy. Where either Party obtains personal information relating to the other Party’s principals, employees, associates or clients, the first-mentioned Party must use, store and disclose that information only as permitted by applicable privacy laws. PLP will comply with all applicable privacy laws when storing, using and disclosing to any third party the personal information of the Customer and Student
(k) Survival. The following provisions of this Agreement will survive the termination or expiry of the Agreement, namely: all payment obligations; all confidentiality and privacy obligations; all warranties, releases, indemnities and declarations; and all assignments of rights.
(l) Assignment. The Customer may not assign this Agreement or substitute another Student without the express, written consent of PLP. PLP may assign this Agreement to a purchaser of its business, a franchisee, and entity with which it merges, or an entity by which it is acquired.
(m) Notices. Any notice given by one Party to the other Party or the purposes of this Agreement will be in writing and may be delivered in person, by prepaid post, or email to the address or email address of the receiving Party specified in the Schedule. The notice will be deemed to have been delivered:
(1) if delivered in person, at the time of delivery;
(2) if delivered by prepaid post, five days after posting; and
(3) if delivered by email, on the day after sending, provided that no notification of failure of delivery is received by the sending Party from its email system or that of the receiving Party.
(n) Updates to Code of Conduct. PLP may update or vary the Code of Conduct (Part C) without consulting the Customer or Student, in which case the updated or varied Code of Conduct will apply from the time the Customer is notified of the change.