These terms apply to all video production services provided by [Legal entity name] (ABN [ABN]) trading as Precipice Films ("Precipice Films", "we", "us") to you, the client ("you"). Together with our written quote or proposal, they form the agreement between us. If the quote and these terms conflict, the quote takes priority.
1. Quotes and acceptance
- Quotes are valid for 30 days from the date issued unless stated otherwise.
- Quotes are based on the brief, scope, schedule and deliverables described in them. Changes to any of these may change the price.
- You accept these terms when you sign or approve our quote in writing (including by email), or when you pay the deposit.
- All prices are in Australian dollars and exclude GST unless stated otherwise.
2. Deposit and payment
- A deposit of 50% of the quoted fee is required to confirm your booking. Production dates aren't secured until the deposit is paid.
- The balance is invoiced on delivery of the first edit, unless the quote sets out a different schedule. Larger projects may be invoiced in stages.
- Invoices are payable within 14 days of the invoice date.
- Final, unwatermarked files are released once all invoices are paid in full.
- If payment is overdue, we may pause work, withhold deliverables and charge reasonable debt recovery costs.
- Third-party costs paid on your behalf, such as locations, permits, talent, travel, accommodation, stock footage and music licences, are charged at cost plus a reasonable handling fee, or as set out in the quote.
3. Your responsibilities
- Give us accurate information, a clear brief, and timely approvals and feedback.
- Arrange access to your premises, people and any locations you provide, including any permissions needed to film there.
- Make sure your staff, talent and other people you arrange to appear on camera have agreed to be filmed. We can supply release forms.
- Make sure that any logos, footage, images, music or other material you give us is owned or licensed by you, and that we may use it in your video. You indemnify us against claims arising from material you supply.
- Check scripts, on-screen text, names, titles and facts for accuracy before you approve them.
4. Pre-production and scope
- Where a script, storyboard or production schedule is part of the project, filming begins once you have approved it in writing.
- Changes to the approved brief, script or schedule after approval are variations. Variations may affect the price and timeline, and we'll confirm any cost with you before proceeding.
5. Filming days
- A standard shoot day is up to 10 hours, including set-up and pack-down. Half days are up to 5 hours. Time beyond this is charged as overtime at the rate set out in the quote.
- If a shoot is delayed or extended for reasons outside our control, such as late talent or restricted access, the extra time is charged as overtime.
- For outdoor filming, we may postpone if weather makes filming unsafe or would seriously compromise quality. We'll agree a new date with you, and no cancellation fee applies for weather postponements we initiate.
6. Editing and revisions
- Unless the quote says otherwise, each video includes two rounds of revisions after the first edit.
- Please consolidate feedback from all your stakeholders into one set of written notes per round.
- A revision means changes to the existing edit, such as trimming, reordering, text changes or swapping shots. New concepts, re-shoots, extra footage, extra versions or changes to approved elements are extra work, quoted separately.
- If we don't receive feedback within 14 days of supplying an edit, that edit is treated as approved and the balance becomes payable.
7. Cancellation and postponement
- If you cancel the project, the deposit is non-refundable. It covers reserving our crew and dates and the pre-production work already done.
- If you cancel or postpone a shoot day at short notice, the following fees apply to that day's quoted costs:
- More than 14 days' notice: no extra fee beyond the deposit.
- 7 to 14 days' notice: 50%.
- Less than 7 days' notice: 100%.
- Any third-party costs already incurred and not refundable to us, such as crew, equipment hire, travel or locations, are payable in all cases.
- Work completed up to the date of cancellation is payable in full.
- You may postpone a shoot once without a fee if you give more than 7 days' notice, subject to crew availability.
8. Delivery
- Final videos are delivered digitally by download link, in the formats listed in the quote.
- Delivery timeframes are estimates. They depend on you providing feedback, approvals and materials on time.
9. Copyright and licence to use
- Under the Copyright Act 1968 (Cth), Precipice Films owns copyright in the footage, edits and final videos we create, unless we agree in writing to assign it.
- Once you've paid in full, we grant you a perpetual, worldwide, non-exclusive licence to use the final videos for any lawful purpose that promotes your organisation. This includes your website, social media, events, internal communications and advertising. The licence is subject to any limits on third-party content in clause 10.
- Raw footage, project files and unused material aren't included unless the quote specifies them. They can be supplied for an additional fee.
- You must not edit, re-cut or alter the final videos in a way that misrepresents the work or the people in it, or reflects poorly on Precipice Films, without our written consent.
- Unless you ask us in writing before the project starts to keep it confidential, we may show the final videos and behind-the-scenes material in our portfolio, showreels, website, social media and award entries.
10. Music, stock and third-party content
- Music, stock footage, fonts and other third-party content are licensed for the uses and platforms agreed for the project. Using the video beyond those terms may need an extended licence, such as broadcast TV or paid advertising where those weren't agreed.
- If you want to use a video in ways beyond the original licence, tell us first so we can check the third-party licences.
11. Footage storage and archiving
- We keep project footage and files for 12 months after final delivery. After that, we may delete them without notice. Long-term archiving is available on request for a fee.
- We take care to back up footage during a project, but we aren't responsible for the loss of archived material after delivery.
12. Liability
- Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that can't lawfully be excluded.
- To the extent permitted by law, our total liability for any claim arising from our services is limited to the fees you've paid for the project concerned. At our option, we may instead re-supply the services.
- To the extent permitted by law, we aren't liable for any indirect or consequential loss, including loss of profit, revenue, opportunity or reputation.
- If footage is lost or unusable because of equipment failure, data corruption or another cause within our control, our liability is limited to re-shooting the affected material at our cost, or refunding the fees paid for that part of the project.
13. Events outside our control
We aren't liable for any delay or failure to perform caused by events beyond our reasonable control. These include severe weather, natural disasters, illness or injury of key crew, pandemics, government restrictions and venue closures. In these cases, we'll work with you to reschedule.
14. Confidentiality
Each party agrees to keep confidential any non-public information it receives from the other during the project, except as needed to deliver the project or as required by law.
15. Privacy
We handle personal information in line with our Privacy Policy.
16. General
- These terms are governed by the laws of Queensland, Australia. Both parties submit to the jurisdiction of the courts of Queensland.
- If any part of these terms is found to be unenforceable, the rest continues to apply.
- We may update these terms from time to time. The terms that apply to your project are those in force when you accept our quote.
Questions?
Contact us at chris@precipicefilms.com or 0405 432 440.
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