Terms & Conditions

1. Entire Agreement 

This Agreement contains the entire understanding between the Company and the Client. It supersedes all prior negotiations or agreements. Any changes must be made in writing and signed by both parties. If any clause is found unenforceable, or is waived by mutual agreement, the remaining provisions remain valid. 

 

2. Reservation, Rescheduling & Cancellation 

Reservation 

A signed Statement of Work and 50% non-refundable retainer are required to reserve the Work Order. 

Rescheduling 

1. If the Client reschedules more than 14 days before the scheduled shoot, the retainer is applied to the new date with no additional fee. 

2. If the Client reschedules between 3–14 days before the scheduled shoot, the Client is liable for all non-recoverable costs incurred (e.g., crew, talent, travel, permits, equipment hire). 

3. If the Client reschedules less than 48 hours before the scheduled shoot, a rescheduling fee of 50% of the shoot day rate applies, in addition to any non-recoverable costs (e.g. crew, talent, travel, permits, equipment hire). 

4. If the Client reschedules less than 24 hours before the scheduled shoot, a rescheduling fee of 100% of the shoot day rate applies, in addition to any non-recoverable costs (e.g. crew, travel, permits, equipment hire). 

Cancellation 

1. If the Client cancels the work order more than 14 days before the scheduled shoot, the 50% retainer is non-refundable and the Client remains liable for all non-recoverable costs incurred (e.g. crew, travel, permits, equipment hire) up to the cancellation date. 

2. If the Client cancels the work order between 3-14 days before the scheduled shoot, the 50% retainer is non-refundable, a cancellation fee of 50% of the shoot day rate applies and the Client remains liable for all non-recoverable costs incurred (e.g. crew, travel, permits, equipment hire) up to the cancellation date. 

3. If the Client cancels less than 24 hours before the scheduled shoot, a cancellation fee of 100% of the shoot day rate applies, in addition to any non-recoverable costs (e.g. crew, talent, travel, permits, equipment hire). 

 

3. Safety & Conduct 

    3.1 General Safety 

a. The Company reserves the right to suspend or terminate production at any time if the safety of staff, contractors, talent, or equipment is at risk. 

b. The Client and all personnel on location must comply with all applicable health and safety laws, regulations, and industry standards. 

     3.2 Responsible Conduct

a. All person(s) present must act in a professional and responsible manner. This includes refraining from: 

1. Threatening, hostile, abusive, or offensive behaviour. 

2. Harassment, bullying, or discrimination. 

3. Intoxication or use of illegal substances that may compromise safety. 

     3.3Termination & Payment 

a. In the event of a breach of this clause, the Company may immediately suspend or terminate the shoot. 

b. The Client remains liable for the full shoot day rate and any non-recoverable costs incurred up to the point of termination. 

     3.4 Duty to Report & Document 

a. The Company will document the unsafe or inappropriate behaviour and notify the Client in writing.  

b. This clause does not limit the Company’s legal rights or remedies under this Agreement or at law. 

 

4. Filming Time 

1. Filming commences at the agreed start time and concludes at the agreed end time or for the duration specified in the Work Order. 

2. Additional time on the scheduled day will be billed at the agreed hourly or daily rate as per the Work Order. 

3. Additional filming day(s) required beyond the scheduled date will be subject to a new Work Order, plus any non-recoverable costs incurred (e.g., crew, talent, travel, permits, equipment hire). 

4. Delays or extensions caused by the Client or their personnel may result in additional charges. 

5. The original retainer applies only to the originally scheduled day(s) unless otherwise agreed in writing. 

 

5. Responsibilities 

The Company is not liable for compromised or omitted coverage due to causes beyond its control, including obtrusive persons, adverse weather, schedule complications, or location restrictions. 

 

6. Venue & Location Limitations 

The Company is bound by the rules of the filming location(s). The Client is responsible for securing permissions to use the chosen venue or location unless otherwise agreed. The Company will provide technical guidance only. 

 

7. Permits 

The Company will secure all permits necessary to complete the Work Order as agreed. 

Additional permits or fees will be billed to the Client at cost plus 20% admin fee. This includes: 

• Client-requested changes during pre-production or shoot day, 

• Rescheduling, or 

• Changes in location requirements 

 

8. Licensing & Usage Rights 

a. Upon full payment, the Client is granted a non-exclusive, non-transferable, perpetual license to use the final delivered product. The Client agrees not to alter, modify, or repurpose the content without written approval from the Company. 

b. Unless otherwise agreed in writing, the license includes use on: 

8.b.1 Client’s website. 

8.b.2 Client’s social media channels. 

8.b.3 Internal presentations and communication. 

c. Any other uses (including but not limited to paid advertising, television, cinema, out-of-home media, resale, or sublicensing) require a separate license and may incur additional fees. 

d. Unauthorised alterations or distribution by the client constitute breach of contract and may incur additional fees or legal action. 

e. Approved alterations should be accompanied by contextual credit to the Company. 

f. Raw footage and project files remain the exclusive property of the Company and are not included unless licensed separately. 

g. The Company may use the final content and excerpts for its portfolio, showreel, and marketing, unless restricted by written agreement. 

h. An exclusive license or full buyout of rights, including raw files and exclusive ownership, may be negotiated separately and will incur an additional fee. 

 

9. Talent 

The Company will arrange talent as outlined in the Work Order. 

Additional talent bookings or fees requested by the Client after the Work Order is agreed, or due to rescheduling/changes, will be billed to the Client at cost plus 20% admin fee. 

Any delays caused by waiting for additional talent are chargeable to the Client. 

 

10. Equipment 

The Company will supply all equipment necessary to complete the Work Order as agreed in the Work Order. 

If the Client requests any additional, replacement or specialised equipment, hire fees will be billed to the Client at cost plus 20% admin fee. This includes: 

• Changes requested by the Client during pre-production or on the shoot day, 

• Rescheduling, or 

• Unforeseen circumstances 
   

The Company is not responsible for delays caused by waiting for Client-requested additional equipment. 

The retainer covers only the equipment and resources outlined in the original Work Order unless otherwise agreed in writing. 

 

11. Limit of Liability 

If the Company cannot complete the Work Order due to circumstances beyond its control (including acts of God, terrorism, pandemic, or force majeure events), best efforts will be made to reschedule. If rescheduling is not possible, liability is limited to a refund of monies paid by the Client for the Work Order, less any non-recoverable costs. 

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Liability for any claim, loss, damage or injury arising under or relating to this Agreement is limited to the monies paid by the Client for the Work Order, less any non-recoverable costs. In no event shall the Company be liable for special, incidental, consequential, or punitive damages, even if the Client informs the Company of circumstances that would give rise to such damages.  

 

12. Termination 

The Company may terminate this Agreement if: 

1. The Client misrepresents the project or engages in suspected unlawful/unethical conduct, or 

2. The safety of the Company’s staff is at risk. 

The Client will be reimbursed any balance paid, less the non-refundable 50% retainer and any non-recoverable costs. 

 

13. Content Loss 

The Company will take all reasonable steps to protect the content that is captured. In the unlikely event that content is lost prior to completion (e.g. loss, theft, destruction or malfunction), our liability is limited to the refund of monies paid by the Client for the Work Order, less any non-recoverable costs. The limit of liability for a partial loss of content shall be a prorated amount of monies paid, less any non-recoverable costs. 

 

14. Delivery, Approval & Final Payment 

1. The final 50% payment is due upon delivery of the agreed deliverables, regardless of Client approval status.  

2. The Client is entitled to up to 2x rounds of revisions as specified in the Work Order. Revisions beyond this scope will be billed at the agreed hourly rate as per the Work Order. Turnaround times for additional revisions may affect the overall project timeline.  

3. If the Client does not provide feedback, revisions or approval within 20 business days of delivery, the Work Order is deemed complete. 

4. Non-payment due to lack of Client approval does not release the Client from payment obligations under this Agreement.  

5. Final content will be delivered within a reasonable timeframe (typically 6–12 weeks) unless otherwise agreed. The Company will keep the Client informed of progress. This timeframe is an estimate and may be impacted by factors such as complexity of editing, client revisions, or unforeseen circumstances. Delivery will occur as soon as reasonably practicable, and the Client acknowledges that the exact delivery date may vary. The Client agrees that the estimated delivery timeframe does not create a penalty or obligation for the Company beyond making reasonable efforts to meet it. 

 

15. Post-Production 

Post-production style, editing, and creative decisions remain at the Company’s discretion. 

 

16. Content Retention 

On completion of the Work Order the Company will take all reasonable steps to retain the raw footage and project files for a maximum of 12 months. The Client agrees that retaining raw content and project files after the Work Order is complete does not create a penalty or obligation for the Company beyond making reasonable efforts to meet it. 

 

17. Payment Terms 

Subject to provisions within this Agreement covering additional fees, the total fee payable is set out in the Work Order. 

Payments are required to be made as follows: 

1. Retainer: 50% non-refundable, due upon signing.  

2. Expenses: Payable within 14 days of invoice. 

3. Balance: Remaining 50% due within 14 days of delivery. 

4. Overdue Payments: May attract interest at 2% per month (calculated daily) plus recovery costs. 

5. Non-Payment: If unpaid after 28 days, the Company reserves the right to suspend ongoing work, withhold delivery of content, and pursue debt recovery until the account is settled. 

 

18. Confidentiality 

Both parties agree to maintain confidentiality of sensitive business or creative information, except where disclosure is legally required or necessary to perform the Work Order. 

 

19. Assignment 

This Agreement may not be assigned. 

 

20. Governing Law 

This Agreement is governed by the laws of Western Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Western Australia. 

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