POSTPONEMENT AGREEMENT
Date: ['TODAYS DATE' AS LISTED ABOVE]
Parties
Michael Briggs Photography Pty Ltd (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 Original Agreement sets out the rights and obligations of the Couple as you, when using these Goods and Services of the Vendor on the date scheduled for ['ORIGINAL 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 amended in accordance with the terms of this agreement (‘the Postponement Agreement’).
4. This Postponement Agreement gives effect to a variation of Original Agreement, on the basis that parties agree to the following:
a. Mutual Release of Prior Obligations
It is agreed between the Vendor and the Couple that the Original Agreement is varied 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.
b. Postponement Obligations
It is agreed that, in order to give effect to the variation of the Original Agreement, the Vendor will do the following:
i. Allow a postponement of the date outlined in the Original Agreement to the new date agreed between the parties, being ['NEW WEDDING (BOOKING) DATE' AS LISTED ABOVE].
[and]
a. Credit the amount paid under the Original Agreement that was paid by the Couple to the Vendor on [insert date] which will be used to pay [in part or wholly] for Goods and Services agreed in Clause 4(b)(i).
ii. Each party acknowledges that any monies retained by the Vendor arising from the Original Agreement is not considered a penalty for such postponement, but as a reflection of genuine loss suffered by the Vendor as a result of the postponememt of the Booking.
iii. Each party acknowledges that this Agreement is solely for the purpose of the one postponement outlined above and agreed between the Parties.
iv. Where another postponement is requested, the Couple acknowledges that a further Postponement Agreement will be required. The offer of a further postponement is entirely at the Vendor’s sole discretion.
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 variation of the Original Agreement.
d. Confidentiality
i. Both parties agree to keep the terms of this Postponement Agreement confidential from all third parties (other than legal or financial advisers); and
ii. that the failure to comply with this clause (d)(i) 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, or the Original Agreement, that is intended or is reasonably likely to disparage the other party or otherwise degrades the other party’s reputation.
f. Force Majeure
The Vendor will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Postponement Agreement that is caused by any act or event 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 (known as ‘force majeure circumstances’). In force majeure circumstances, this Postponement Agreement is immediately terminated and the Vendor will retain all monies paid by the Couple both in accordance with the Original Agreement and this Postponement Agreement.
g. Counterparts
This Postponement Agreement may be executed in counterparts, meaning that the execution will be complete when each party holds a copy of the Postponement Agreement signed by the other party, even though the signatures of both parties do not appear on the same copy.
h. 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.
i. Entire Agreement
This Postponement 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.
j. 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.
