CANCELLATION AGREEMENT
Date: [‘TODAYS DATE’ AS LISTED ABOVE]
Parties
[Michael Briggs Photography] (hereafter “the Vendor”) and
[‘FIRST PERSONS NAME’ AS LISTED ABOVE] and [‘SECOND PERSONS NAME’ AS LISTED ABOVE] (hereafter, jointly and severally referred to as “the Couple’).
Recitals
1. On [‘DATE SERVICES WERE BOOKED’ AS LISTED ABOVE] the Couple entered into terms and conditions under which they agreed to use the Goods and Services supplied by the Vendor (hereafter “the Original Agreement”).
2. The Agreement set out the rights and obligations of the Couple as you, when using these Goods and Services of the Vendor on the date scheduled for [‘WEDDING (BOOKING) DATE’ AS LISTED ABOVE] (‘the Booking’).
3. The Vendor and the Couple have agreed that, due to certain circumstances, the Original Agreement is to be terminated in accordance with the terms of this agreement (‘the Cancellation Agreement’).
4. This Cancellation Agreement gives effect to that termination on the basis that parties agree to the following:
a. Cancellation and Mutual Release of Obligations
It is agreed between the Vendor and the Couple that the Original Agreement is cancelled and in doing so, each party agrees to release the other of any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with the Original Agreement or the cancellation of the Booking.
b. Payment
i. To give effect to the termination of the Original Agreement, the Vendor will make the following payment to the Couple:
OPTION A:
A refund of all monies except for the Non-Refundable Booking Fee that was paid by the Couple to the Vendor on [‘WEDDING (BOOKING) DATE’ AS LISTED ABOVE]. This is in recognition that the Non-Refundable Booking Fee was set as liquidated damages as a genuine estimate of loss that the Vendor was to suffer in the event that the Couple cancel the Vendor and the associated Services, regardless of whether Vendor was able to re-book any event in its place.
OPTION B:
A refund of all monies except for the Non-Refundable Booking Fee paid on [insert date] and any fees completed up to the date of this Agreement. This is in recognition that the Non-Refundable Booking Fee was set as liquidated damages as a genuine estimate of loss that the Vendor was to suffer in the event that the Couple cancel the Vendor and the associated Services, regardless of whether Vendor was able to re-book any event in its place. It is also in recognition that there has been work performed by the Vendor or expenses for goods incurred prior to the cancellation of the Booking.
OPTION C:
A refund of [insert monies], being a pro-rata amount compensation for work performed up to the date of this agreement.
ii. Each party acknowledges that the amount paid to the Couple by the Vendor under this Agreement is not considered a penalty for such cancellation, but as a reflection of genuine loss suffered by the Vendor as a result of the cancellation of the Booking.
c. Release from Third Party Obligations
i. The parties agree that the Vendor is not responsible for making any payments to other Vendors, except in instances where that Vendor has engaged a party to perform services as an employee or independent contractor. The parties agree that the Vendor is not responsible for any agreement with third parties, or loss or damage suffered as a result of the cancellation of those agreements.
d. Confidentiality
i. Both parties agree to keep the terms of this Cancellation Agreement confidential from all third parties (other than legal or financial advisers); and
ii. that the failure to comply with this clause (d)(ii) may cause damage to the other party.
e. Non Disparagement
Each party acknowledges and agrees that they will not make any oral or written statement about the other party (including leaving a negative review or induce or encourage another to leave such review) in relation to the subject matter of this Agreement that is intended or is reasonably likely to disparage the other party or otherwise degrades the other party’s reputation.
f. Counterparts
This Cancellation Agreement may be executed in counterparts, meaning that the execution will be complete when each party holds a copy of the Cancellation Agreement signed by the other party, even though the signatures of both parties do not appear on the same copy.
g. Severability
Where any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected and remain valid and binding upon both parties.
h. Entire Agreement
This Cancellation Agreement is the entire agreement between the parties in relation to the termination of the Original Agreement. It expressly supersedes prior agreements or arrangements between the parties.
i. Jurisdiction
These Terms are governed exclusively by the laws of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria, Australia.
