Please read the following terms and conditions carefully, By using our services, you agree to be bound by these terms and conditions.
Agreement to Terms By engaging our services, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with any part of these terms, please refrain from using our services.
The formation, construction, performance and enforcement of this Agreement shall be in accordance by the laws of the Australian Territory and the state of Western Australia without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties.
If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through available channels or another forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Western Australia
The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
By engaging our photo restoration, photo editing, photography or other services, you acknowledge and understand that these services are forms of artistic expression. The photography, restoration and editing processes involve subjective artistic choices, digital tools and interpretations, which may result in variations in style and outcomes.
You further acknowledge that the final results of the restoration, editing, videography or photography may be influenced by various factors, including the condition and quality of the original materials, limitations of technology, and the inherent artistic nature of the work and it’s proportional and limited to the number of hours and budgets allocated to each particular project.
While we strive to deliver the best possible results and aim to meet or exceed your expectations, we cannot guarantee the client desired outcomes, vision or replicate specific styles, as artistic interpretation and limitations are integral to the process. The final results may differ from your expectations or preconceived notions of the work.
By making payment for our services, you acknowledge and accept that the restoration, editing, or photography work is subject to the artistic interpretation of our team, portfolio references and limitations of our artists. You understand and agree that any subjective dissatisfaction with the artistic style, variations, or limitations of the work does not constitute grounds for refunds, returns, or compensation of any type.
We encourage open communication and collaboration to ensure your satisfaction with our services. However, it is important to recognise and appreciate the artistic nature and inherent limitations of the restoration, editing, and photography process.
At Yesterdays photo® our services include but are not limited to:
At Yesterdays Photo® we offer digitising services aimed at converting physical media, such as photographs, transparencies, positive and negative films, and artworks, into digital formats. The process involves scanning, reproducing, enhancing and digitising the provided media.
In order to ensure compliance with legal requirements and protect the interests of the client and Yesterdays Photo®, the following provisions regarding client responsibilities for obtaining necessary consents are established:
The Client acknowledges, agrees and states that has obtained all required consents for the performance for any scanning, digitising services disregard of the source format provided to Yesterdays photo ® as input, This includes obtaining consents from any author, rightful owner, model or person featured or not featured in or in the making of the photographs, specimen, document or artwork provided to Yesterdays Photo® for editing or restoration.
By accepting these terms and conditions, the Client acknowledges their responsibility for obtaining any necessary consents required for the performance of the Services. The Client understands that failure to obtain such consents may result in legal consequences and indemnifies Yesterdays Photo® against any claims or liabilities arising from the lack of proper consents, the client will assume any copyright claim directly.
By paying for our services, the client declares, warrants that owns the rights or have obtained the necessary permissions for the media provides for digitisation. Any intellectual property rights in the digitised content remain with the client or the respective copyrights holders.
We provide professional photo restoration services to enhance and repair damaged, faded, or aged photographs. While we strive to achieve the best results possible, we cannot guarantee restoration success for all images due to the condition and quality of the original photographs, we can only guarantee progress limited to the amount of restoration hours estimated, style and quality of the input provided.
In order to ensure compliance with legal requirements and protect the interests of the client and Yesterdays Photo®, the following provisions regarding client responsibilities for obtaining necessary consents are established:
The Client acknowledges, and agrees to obtain all required consents for the performance for any Photo Editing/Restoration and or digitising Services if applicable. This includes obtaining consents from any author, model or person featured or not featured in the making of the photographs, specimen, document or artwork provided to Yesterdays Photo® for editing or restoration.
We offer photography services for various occasions, including but not limited to weddings, events, portraits, and commercial assignments.The specific details and scope of the photography services will be outlined in each project scope, invoice, separate agreement or contract.
The Client acknowledges and agrees to take responsibility for obtaining all required consents prior to the performance of the Photography Services. This includes any consents and waivers necessary for Yesterdays Photo® to perform the Services and deliver the Work Product. The Client will ensure that all necessary consents are obtained from venues, councils, shires, government authorities or any other location or authority where the Services are to be performed.
By participating in any way (including crew, spectator, modelling) and/or volunteering into the photographic or videography activity, each participant acknowledges and agrees to the following:
Assumption of Risks: Each participant understands and assumes all risks associated with participating and/or volunteering in this activity. This includes, but is not limited to, risks arising from the negligence or carelessness of the persons or entities being released, as well as risks associated with dangerous or defective equipment or property. Each participant acknowledges that there may be risks involved without regard to fault or liability.
Illegal or Prohibited Activities: Each participant acknowledges that in the event that the activity involves some activities that are known or not known as illegal or prohibited under local, city, municipal, county, state, national, federal, or any other applicable jurisdiction’s laws, rules, and/or regulations. Each participant assumes all risks and responsibilities associated with participating and/or volunteering in such activities, including any potential criminal or civil punishments or fines.
Physical Fitness and Health: Each participant certifies that they are physically fit and have sufficiently prepared or trained for participation in the activity. Each undersigned confirms that they have not been advised by a qualified medical professional to refrain from participating. Furthermore, each participant certifies that they do not have any health-related reasons or problems that would prevent their participation.
Waiver and Release of Liability: Each participant acknowledges that this Waiver and Release of Liability and Release of Image for Use will be used by the event holders, sponsors, and organisers of the activity, and that it will govern their actions and responsibilities at said activity. Each participant understands that the released parties are not responsible for any errors, omissions, acts, or failures to act of any party or entity conducting the specific activity on behalf of the Yesterdays Photo ®.
Inherent Risks: Each participant acknowledges that this activity may be inherently dangerous, involving physical and mental challenges that carry the potential for death, serious injury, and property loss. The risks may include, but are not limited to, terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other individuals involved in the activity, and lack of hydration. These risks apply to both participants and volunteers.
Voluntary Withdrawal: Each participant acknowledges the right to voluntarily withdraw from participation in the activity at any time in their sole discretion.
The Client acknowledges and agrees to provide the necessary means of travel or be responsible for reasonable travel expenses incurred by Yesterdays Photo® that are essential for the proper performance of the Services. This includes travel arrangements requested by the Client in cases where the location of the Services is outside the city of [Perth, Australia]. Additionally, the Client shall be solely responsible for any other expenses reasonably incurred by Yesterdays Photo® that are necessary for the successful execution of the Services including extension of the scope or out of pocket expediture related to the service.
By agreeing to these terms and conditions, the Client understands and acknowledges that Yesterdays Photo® commits time, effort, and resources to fulfill the Services. The Client agrees to compensate Yesterdays Photo® for any travel expenses or other necessary expenses incurred in connection with the provision of the Services. This provision ensures that Yesterdays Photo® is adequately compensated for any additional costs incurred due to the specific requirements of the Services.
The Client, on behalf of themselves and any other participant whose image or recording may be captured by the Services, hereby waives all rights and claims and releases Yesterdays Photo® from any claim or cause of action, whether now known or unknown, related to the sale, display, license, use, and exploitation of Images pursuant to this Agreement.
By accepting these terms and conditions, the Client acknowledges and agrees to waive any and all rights or claims they may have concerning the sale, display, license, use, and exploitation of Images created during the provision of the Services. The Client expressly releases Yesterdays Photo® from any liability or legal action arising from the use of these Images.
The Client acknowledges that Yesterdays Photo® may exercise their rights to sell, display, license, use, and exploit the Images as outlined in this Agreement without any further consent or compensation.
In order to ensure fair compensation for their time and dedication to booking and providing the Services, the following provisions regarding the retainer are established:
The Client acknowledges and agrees that the retainer amount or percentage specified is due upon the signing of this Agreement and is non-refundable (“Retainer”). The Retainer serves as fair compensation for Yesterdays Photo® for reserving their time and resources, as well as for declining other potential projects or clients.
Both parties mutually agree that the Retainer will be credited towards the total Fees payable by the Client. This ensures that the Retainer is appropriately applied as a portion of the overall compensation for the Services rendered by Yesterdays Photo®.
By agreeing to these terms and conditions and submitting the Retainer, the Client acknowledges their understanding and acceptance of the financial commitment involved in reserving Yesterdays Photo®’s services. The Retainer amount serves as an equitable compensation for the dedication and effort expended by Yesterdays Photo® in preparing to provide the Services.
Yesterdays Photo® will make reasonable efforts to ensure that the services provided are produced in a style consistent with Yesterdays Photo®’s or its associates current portfolio. However, it is important to note that the final outcome may be influenced by factors beyond Yesterdays Photo®’s control, including lighting conditions, location limitations, and other external factors. The Client acknowledges that artistic and creative judgments may be exercised by Yesterdays Photo®, and the Client agrees to accept these judgments regarding the style, composition, and editing of the services.
Yesterdays Photo® may consult with the Client and take into consideration any reasonable suggestions provided by the Client. However, Yesterdays Photo® reserves the right to make the final decisions regarding the style and artistic direction of the services.
The Client agrees to release and hold Yesterdays Photo® harmless from any claims, liabilities, costs, and expenses, including legal fees, arising out of or related to any dissatisfaction with the style or artistic elements of the services, as long as Yesterdays Photo® has made reasonable efforts to fulfill the agreed-upon requirements and specifications.
By accepting these terms and conditions, the Client acknowledges that Yesterdays Photo®’s portfolio serves as an example of their artistic style and that variations may occur when applied to different scenarios or subjects.
In order to protect the creative integrity of Yesterdays Photo® and ensure a consistent quality of our standard services, the following provisions are established:
The Client acknowledges that they have thoroughly reviewed Yesterdays Photo®’s previous work and portfolio, and as a result, they have a reasonable expectation that Yesterdays Photo® will perform the Services in a similar style and proportional to the client’s budget.
Yesterdays Photo® retains the right to exercise its artistic judgment when providing the Services. This includes making decisions regarding the aesthetic judgment and artistic quality of the Services.
Yesterdays Photo® holds the final authority in matters of aesthetic judgment and artistic quality. While the input and suggestions of the Client are valued and considered, as a professional in the field the ultimate decision rests with Yesterdays Photo®.
Disagreements arising from differences in aesthetic judgment or artistic ability are not valid grounds for the termination of this Agreement or for requesting any refunds. The Client acknowledges that Yesterdays Photo®’s artistic expertise is a significant factor in the Services provided, and variations in the final outcome may occur as a result.
By accepting these terms and conditions, the Client agrees to respect and acknowledge Yesterdays Photo®’s creative vision and professional judgment. This includes understanding that disagreements regarding aesthetic judgment or artistic ability are subjective and will not constitute valid reasons for terminating the Agreement or requesting any monetary compensation or any other type of compensation.
To ensure clear payment terms the following provisions regarding the invoice are established:
Yesterdays Photo® will promptly issue an invoice to the Client upon the mutual agreement of the Services (“Invoice”). The Invoice will outline the total Fees payable by the Client for the Services rendered.
The Client agrees to pay all outstanding Fees on or prior to the due dates of the Agreement. Failure to make timely payments will result in the imposition of a late fee of [5%] per month on the outstanding balance.
The Client acknowledges that the final amount payable may be subject to change based on the actual expenses incurred during the provision of the Services. Yesterdays Photo® reserves the right to adjust the total amount according to any additional services, assets or activities not covered in the scope of services.
The Client confirms and agrees that the final calculations provided in the Invoice, even if different from the total listed, will be the final amount payable. This ensures that any adjustments made to accurately reflect the actual expenses incurred will be accepted by the Client.
By accepting these terms and conditions, the Client acknowledges their responsibility to review and promptly settle the Invoice in accordance with the agreed-upon payment terms. It is essential to adhere to the specified due dates to avoid incurring late fees. The Client also agrees to accept any adjustments made to the total amount payable, as deemed necessary by Yesterdays Photo® based on the actual expenses incurred during the provision of the Services.
The cost for photo restoration services will be communicated to you based on the complexity and extent of restoration required. Payment is due in full before work commences on your project. We accept payment via Electronic Funds Transfer or Crecit card Via Square, Afterpay or PayPal
The Client acknowledges the artistic nature of the work and agrees that in the event of a Cancellation by the Client, no refund of any fees paid on or prior to the date of the Client’s Cancellation shall be issued.
Non-Refundable Payments: It is important to note that any fees or payments made by the Client for the photo restoration services are non-refundable.
The pricing and payment terms for photography services will be discussed and agreed upon in a separate agreement or contract. A 50% non refundable deposit may be required to secure the booking, with the remaining balance due before or on the day of the photography session.
Yesterdays Photo® understands that unforeseen circumstances may require the rescheduling of Services. In order to reschedule the Services, the Client must provide Yesterdays Photo® with a written notice of at least four (4) weeks in advance of the original date of the Services.
Yesterdays Photo® will make commercially reasonable efforts to accommodate the requested change in schedule within the notice period. However, if despite using commercially reasonable efforts, Yesterdays Photo® is unable to accommodate the requested rescheduling, the parties agree that the rescheduling will be treated as a Cancellation by the Client.
In the event of rescheduling being deemed as a Cancellation by the Client, Yesterdays Photo® will not be obligated to perform the Services on any date other than the original date agreed upon for the Services. It is important to note that in such circumstances, any fees or payments made by the Client will not be refunded or credited, and Yesterdays Photo® shall not be held liable for any losses, damages, or expenses incurred by the Client as a result of the rescheduling being treated as a Cancellation.
This provision ensures that Yesterdays Photo® can plan its schedule effectively and that rescheduling requests require a minimum notice period of four (4) weeks. It clarifies that Yesterdays Photo® will make reasonable efforts to accommodate rescheduling within the notice period. However, if rescheduling is not feasible, it reiterates that the original date of the Services remains binding and that Yesterdays Photo® is released from any further obligation to perform the Services on alternative dates
In accordance with standard international copyright laws, Yesterdays Photo® shall retain all right, title, and interest in all Work Product created during the provision of the Photography Services. The Client, on behalf of itself and any attendees or participants at the photo shoot, acknowledges and affirms that Yesterdays Photo®’s ownership of the Work Product is protected by these copyright laws.
The Client hereby grants Yesterdays Photo® and its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable, and sublicensable license to use any materials created by the Client or attendees during the performance of the Services that may be protected by copyright or any intellectual property rights (“Client Materials”). This license allows Yesterdays Photo® to incorporate the Client Materials as part of the Work Product or use them in connection with the marketing, advertising, or promotion of Yesterdays Photo®’s services. This includes the use of the Client Materials in relation to Yesterdays Photo®’s studio, portfolio, website, or social media platforms, in any format or medium.
Yesterdays Photo® acknowledges and affirms its commitment to respecting international copyright laws. Yesterdays Photo® shall not infringe upon any copyright or intellectual property rights held by the Client or any third party. Yesterdays Photo® shall use reasonable efforts to ensure that the Work Product does not violate any copyright laws, and any necessary permissions, licenses, or clearances will be obtained prior to the use of third-party materials.
The Client acknowledges and affirms that the Work Product created by Yesterdays Photo® is protected by international copyright laws. The Client agrees not to reproduce, modify, distribute, or exploit the Work Product without the prior written consent of Yesterdays Photo®. Unauthorized use or infringement of the Work Product may result in legal consequences.
By accepting these terms and conditions, the Client acknowledges the importance of respecting international copyright laws and agrees to comply with the provisions outlined above. Yesterdays Photo® reaffirms its commitment to protecting the Client’s rights and complying with applicable copyright laws
By using our services you declare that your own the copyrights of the photo (s) you retain full ownership and copyright of the original photographs provided to us for restoration or editing and provide us with license to use, digitise, copy, alter or modify the photograph.
By engaging our services, you grant us a limited license to use the restored images for promotional purposes, including but not limited to our portfolio, website, social media, and marketing materials. We will not use your restored images for direct commercial purposes without your explicit consent.
The photographs captured during our photography sessions remain the property of Yesterdays photo®, and we reserve the right to use them for promotional purposes unless otherwise agreed upon in writing.
You will receive a license to use and print the images for personal use only. Any commercial use or distribution of the photographs requires our prior written consent.
Yesterdays Photo® hereby grants the Client an exclusive, limited, irrevocable, royalty-free, non-transferable, and non-sublicensable license to use the Work Product for the Client’s Personal Use, subject to the condition that the Client does not remove any attribution notices or copyright notices included by Yesterdays Photo® in the Work Product. “Personal Use” encompasses, but is not limited to, the following:
(i) using the photos on the Client’s personal social media pages or profiles;
(ii) incorporating the photos into the Client’s personal creations, such as scrapbooks, albums, or personal gifts;
(iii) displaying the photos in a non-commercial physical format; and
(iv) utilizing the photos in personal communications, such as family newsletters, emails, or holiday cards.
The Client agrees not to make any other use of the Work Product without the prior written consent of Yesterdays Photo®, including, but not limited to, using the Work Product for commercial sale or any other commercial purposes unless agreed in written.
The limited license granted to the Client for Personal Use ensures that the Client can enjoy and share the Work Product for personal purposes while respecting the rights of Yesterdays Photo® as the owner of the Work Product. It is important for the Client to adhere to the terms of this license and seek Yesterdays Photo®’s explicit written consent for any use of the Work Product beyond Personal Use.
The estimated turnaround time for photo restoration will be communicated to you based on the complexity of the project. However, this is an estimate and not a guarantee. Delays may occur due to unforeseen circumstances or the need for additional restoration work. We will make reasonable efforts to complete the restoration within the estimated time frame and always keen to achieve your deadlines.
Most photo restorations take up to two weeks. If you need your project sooner, we may be able to help, at our availability and discretion. Urgent work can require after-hours work, so a rush fee of 50% on labour applies. We will confirm the total price before work begins.
We return originals by post or registered courier where applicable, with insurance, weatherproof packaging and a signature on arrival. Special couriers such as FedEx or DHL, and items of special dimensions, are quoted separately. Insurance cover is limited to the amount provided by the post or courier service, and we rely on their care while your items are in transit. Nothing in this clause limits your rights under the Australian Consumer Law.
The delivery timeframe for edited photographs will be discussed and agreed upon in the separate agreement or contract. We will make reasonable efforts to deliver the final edited images within the specified timeframe. However, delays may occur due to post-processing requirements or unforeseen circumstances.
We will take reasonable measures to protect the confidentiality of your photographs and personal information. However, we cannot guarantee the security of data transmitted over the internet or stored on electronic devices.
By using our services, you consent to the collection, storage, and use of your personal information for the purpose of providing the requested services. We will not share your personal information with third parties without your consent, except as required by law.
While we will exercise reasonable care and skill in providing our services, we cannot be held responsible for any loss, damage, or disappointment arising from the use of our services.
In no event shall Yesterdays Photo ® or its employees be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with our services, including but not limited to lost profits, loss of data
The Client agrees to indemnify, defend, and hold harmless Yesterdays Photo® and its affiliates, employees, agents, and independent contractors from any and all injury, property damage, liability, claim, or other cause of action arising out of or related to the Services and/or Work Product provided by Yesterdays Photo® to the Client.
By accepting these terms and conditions, the Client assumes full responsibility for any consequences that may arise from the Services and/or Work Product provided by Yesterdays Photo®. The Client agrees to protect, indemnify, and hold harmless Yesterdays Photo® and its associated parties from any claims, damages, losses, or liabilities resulting from the Client’s use of the Services and/or Work Product.
This indemnification includes, but is not limited to, claims arising from:
The Client agrees to bear all costs, including reasonable legal fees and expenses, associated with the defense against any claims or actions covered by this indemnification provision.
In order to establish reasonable limitations on liability the following provision regarding maximum liability is established:
Notwithstanding anything to the contrary, the Client agrees that Yesterdays Photo®’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.
By accepting these terms and conditions, the Client acknowledges and agrees that Yesterdays Photo®’s liability is limited to the total Fees agreed upon in this Agreement. This limitation applies to any claims, damages, or liabilities arising from or related to the Services provided or the final Work Product delivered.
It is important for the Client to understand and accept this limitation of liability. By agreeing to this provision, the Client acknowledges that the total Fees payable under this Agreement represent a fair and reasonable assessment of Yesterdays Photo®’s maximum liability in connection with the Services and the deliverables only.
Yesterdays Photo® shall not be held liable for any delays in the delivery of the Work Product or any Work Product that is undeliverable due to circumstances beyond their control. These circumstances may include, but are not limited to, technological malfunctions, service interruptions that are beyond the control of Yesterdays Photo® (including delays in receiving instructions from the Client), or actions of the Client, attendees, or participants at the photo shoot that are beyond the control of Yesterdays Photo® (e.g., camera flashes) and result in the Work Product failing to meet the specifications set out in the scope.
By accepting these terms and conditions, the Client acknowledges and agrees that Yesterdays Photo® cannot be held liable for any delays or failures to deliver the Work Product that are caused by these uncontrollable factors. Yesterdays Photo® will make reasonable efforts to mitigate and address such issues but cannot guarantee uninterrupted service or the fulfillment of specific specifications if they are compromised due to reasons beyond their control.
It is important for the Client to understand that unforeseen circumstances may arise, and Yesterdays Photo® will not be held responsible for delays or undeliverable Work Product resulting from such circumstances. The Client agrees to release and hold Yesterdays Photo® harmless from any claims, damages, or liabilities arising from delays or undeliverable Work Product caused by uncontrollable factors.
Yesterdays Photo® shall not be deemed in breach of or held liable under this Agreement for any delay or non-performance of any provision caused by circumstances beyond its reasonable control, including but not limited to illness, emergency, fire, strike, pandemic, earthquake, or any other conditions constituting a Force Majeure Event. In the event of a Force Majeure Event, the time for performance of the affected provision, if any, shall be extended for a period equal to the duration of the conditions preventing performance.
If a Force Majeure Event persists for a period exceeding 60 days, Yesterdays Photo® may, at its sole discretion, choose to terminate this Agreement. In such cases, any prepaid fees for Services that have not been performed (excluding the Retainer) shall be promptly returned within 14 days from the date of termination of the Agreement.
The inclusion of a Force Majeure provision protects Yesterdays Photo® from unforeseen circumstances or events beyond its control that may hinder or prevent the performance of obligations under the Agreement. It provides flexibility and a reasonable approach to handling situations that are outside Yesterdays Photo®’s control, while ensuring fair treatment and the option to terminate the Agreement if necessary.
In the event that any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement. The remaining part of such provision and all other provisions will continue in full force and effect, unless the severed provision materially impacts the rights or obligations of Yesterdays Photo®. In such a case, the parties shall negotiate in good faith to replace the severed provision with a valid and enforceable provision that achieves the intended purpose to the maximum extent possible.
No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both parties. Any such amendment or modification shall only apply to the specific provisions stated therein and shall not alter or affect the remaining provisions of this Agreement unless expressly stated otherwise.
This Agreement supersedes all prior oral or written agreements, understandings, or representations between the parties. Any additional or conflicting terms proposed by the Client shall be null and void unless expressly accepted in writing by Yesterdays Photo®. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
The rights and obligations of the parties under this Agreement that by their nature should survive termination or expiration of this Agreement, including but not limited to provisions regarding intellectual property rights, confidentiality, indemnification, and limitation of liability, shall survive any such termination or expiration.
Guides, tips and other information on our website are general information only. They are not professional advice for your particular photographs, and every photograph is different. A professional assessment should always come first. You use that information at your own risk. To the extent permitted by law, Yesterdays Photo is not liable for any loss of or damage to photographs or other items arising from your use of that information, or from work on your photographs that was not carried out by us. Nothing in this section limits your rights under the Australian Consumer Law.
The elaboration and inclusion of these provisions aim to protect the rights and interests of Yesterdays Photo®. They address various aspects such as the enforceability of provisions, the process for amendments, the precedence of this Agreement over previous agreements, and the survival of certain rights and obligations even after the termination or expiration of the Agreement.