Terms & Conditions

Definitions

In these Terms:

• Agreement means the project contract or service agreement entered into between TSS and the Client, incorporating these Terms.
• Producer means Third Space Studios Pty Ltd and its directors, employees, and subcontractors.
• Client means the person or entity identified as the client in the Agreement.
• Services means the video production, photography, and/or content strategy services provided by TSS as outlined in the Agreement.
• Project means the overall production or engagement described in the Agreement.
• Deliverables means the final video content, photographs, and/or strategic outputs to be provided by TSS under the Agreement.
• Cancellation means cancellation of the Project by the Client without rescheduling.
• Postponement means the rescheduling of the Project by the Client within 30 days of the scheduled commencement date.

Payment Terms

2.1 Project-Based Engagements

For project-based engagements, the Client agrees to pay a 50% non-refundable deposit of the quoted amount to secure the booking, within 7 days of signing the Agreement. TSS has no obligation to commence work until the deposit has been received. The remaining balance is due within 14 days of delivery of the completed Project.

2.2 Retainer Engagements

Where the Agreement provides for a monthly retainer structure, payments are due in accordance with the schedule set out in the Agreement. TSS has no obligation to commence or continue Services where a retainer payment is overdue by more than 14 days beyond the due date.

2.3 GST

Unless otherwise stated, all fees quoted are exclusive of GST. GST will be added to all invoices at the applicable rate.

2.4 Late Payment

If a payment is not received by the due date, TSS reserves the right to suspend Services until the outstanding amount is paid in full. TSS will provide written notice prior to any suspension. Suspension does not relieve the Client of its obligation to continue making payments under a retainer arrangement.

Cancellation & Postponement

3.1 Postponement

If the Client postpones the commencement of a Project within 30 days of the scheduled start date, the Client shall pay 25% of the total project fee as a postponement charge, in addition to any deposit already paid. This amount is due within 14 days of the postponement.

3.2 Cancellation — Less Than 30 Days

If the Client cancels a Project less than 30 days before the scheduled commencement date, the Client shall be liable for the full outstanding balance of the quoted amount. This amount is due within 14 days of cancellation.

3.3 Cancellation — 30 to 60 Days

If the Client cancels a Project between 30 and 60 days before the scheduled commencement date, the 50% deposit is non-refundable.

3.4 Cancellation — More Than 60 Days

If the Client cancels a Project more than 60 days before the scheduled commencement date, the 50% deposit will be refunded in full.

3.5 Retainer Cancellation

Where the Agreement is a retainer engagement, cancellation terms will be governed by the specific project Agreement. Unless otherwise agreed, the Client remains liable for all retainer payments invoiced and due at the date of cancellation, plus a kill fee equivalent to one month's retainer, unless cancellation is due to TSS's material breach.

3.6 Recovery of Costs

If TSS is required to commence legal proceedings to recover fees under these Terms or any Agreement, TSS is entitled to recover all reasonable legal costs and expenses incurred in connection with those proceedings.

Deliverables & Revisions

4.1 Video Production

The Client is entitled to one round of full revisions per video deliverable. Minor adjustments — including small text changes, colour tweaks, and timing refinements — are limited to five per video and do not constitute a full revision round. All feedback from all stakeholders must be consolidated and submitted in a single list. Any revisions beyond these entitlements will be quoted and charged as additional work.

4.2 Photography

The number of edited photographs to be delivered will be specified in the Agreement. Unless otherwise agreed, TSS will deliver edited digital files in high-resolution JPEG format via a downloadable link (Google Drive, Dropbox, or WeTransfer). No unedited or RAW image files will be provided unless separately agreed and priced.

4.3 Content Strategy

Where TSS is engaged to provide content strategy or social media strategy services, deliverables will include session notes, action items, and any outputs specified in the Agreement. The frequency and format of sessions will be set out in the Agreement.

4.4 Approval Obligations

The Client must review and respond to submitted content within two business days of delivery. Delays in the Client's approval process may affect subsequent delivery timelines and TSS will not be responsible for resulting delays.

4.5 Rush Fee

Where the Client requests a final edited video within 7 days of the agreed deadline, a rush fee of 50% will be applied to the relevant invoice.

4.6 File Delivery

Final files will be supplied to the Client via downloadable link from Google Drive, Dropbox, and/or WeTransfer.

Intellectual Property & Usage Licence

5.1 Ownership

All content produced by TSS — including video, photography, and strategic materials — is and remains at all times the intellectual property of TSS. No intellectual property rights are assigned to the Client under these Terms or any Agreement. The Client's rights in respect of delivered content are limited to the usage licence granted under clause 5.2.

5.2 Usage Licence

Upon receipt of full payment for a Deliverable, TSS grants the Client a non-exclusive, perpetual, royalty-free licence to use that Deliverable for all commercial purposes, including but not limited to social media, websites, advertising, internal communications, presentations, and tender submissions. This licence is non-transferable and does not permit the Client to sub-licence the content to any third party without TSS's prior written consent.

5.3 Revocation of Licence

TSS reserves the right to revoke the usage licence granted under clause 5.2 if the Client fails to make payment in accordance with the Agreement and does not remedy that failure within 14 days of written notice from TSS. Upon revocation, the Client must immediately cease all use of the relevant Deliverables.

5.4 TSS Portfolio Rights

TSS retains the right to use all produced content in its portfolio, showreel, and for promotional purposes — including on TSS's website and social media channels — unless the Client notifies TSS in writing that specific content is confidential prior to delivery.

5.5 No Modification

The Client may not re-edit, alter, or modify any delivered content without TSS's prior written consent, in order to preserve the creative integrity and quality standards of the work.

5.6 Raw Footage & Files

Unedited or raw video footage and RAW photography files remain the property of TSS and will not be provided to the Client unless separately agreed in writing. Where a Client requests raw files, a separate fee will be determined and agreed by both parties.

Model Release & Consent

6.1 Usage Rights

The Client acknowledges that TSS retains all rights to content captured during the Project and may use any portion of the Deliverables for display, publication, or promotional purposes without additional compensation to the Client, unless otherwise agreed in writing.

6.2 Minors

All TSS crew members hold a current Working with Children Check. Any person under the age of 18 must have written consent to be filmed or photographed, from a parent or guardian, and must be accompanied by an adult whilst on set. It is the Client's responsibility to obtain and provide this consent prior to the shoot.

6.3 Third-Party Talent & Locations

The Client is responsible for obtaining all necessary consents, releases, and permits for any talent, third-party participants, or locations involved in the production. The Client indemnifies TSS against any claims arising from a failure to obtain such consents.

Location & Travel

TSS's standard service area covers locations within a 30km radius of Melbourne CBD. Any services required outside this radius will incur additional travel costs, calculated at $2 per km (return), unless otherwise agreed in writing prior to the engagement.

Any location-specific permits or fees are the responsibility of the Client.

Equipment, Technical Failure & Drone

8.1 Equipment Failure

Whilst TSS takes all reasonable steps to maintain and back up equipment, TSS will not be liable for content that cannot be produced due to technical failure, adverse weather, or other circumstances beyond TSS's reasonable control, provided TSS has taken responsible preventative measures. This includes damage or theft of equipment where reasonable precautions have been taken, and loss or corruption of digital files in transit or during production.

8.2 Drone Operations

TSS operates drones in accordance with the requirements of the Australian Government's Civil Aviation Safety Authority (CASA). Drone operations are subject to safety assessments on the day of filming. If conditions are deemed unsafe, drone filming will not proceed. Where drone work is the sole purpose of a shoot and conditions prevent flying, the Client will be charged a call-out fee of $300. No call-out fee applies where ground-based filming also occurs on the same day. The Client will not be charged additionally to reschedule drone filming where conditions were unsafe on the original date.

It is the Client's responsibility to obtain all required permits for drone operations at the chosen location (e.g. parks, construction sites) prior to the filming date.

Client Responsibilities

The Client agrees to:

• Provide timely access to locations, personnel, brand assets, and information required for the Project
• Ensure suitable parking is available at filming locations
• Make key personnel available for scheduled strategy sessions and project meetings
• Provide consolidated feedback within the agreed timeframes
• Obtain all necessary consents, releases, and permits as described in these Terms

Warranties

10.1 TSS Warranty

TSS warrants that all Services will be performed in a professional and workmanlike manner consistent with industry standards and TSS's current portfolio of work.

10.2 Client Warranty

The Client warrants that it has full authority to enter into the Agreement and that its use of the Deliverables will comply with all applicable laws and regulations.

Indemnification & Limitation of Liability

11.1 TSS Liability

In the unlikely event that TSS fails to deliver the Project due to unforeseen circumstances, TSS's liability to the Client is limited to a refund of all fees paid by the Client to TSS under the Agreement. TSS is not liable for any indirect, consequential, or economic loss suffered by the Client.

11.2 Client Indemnity

The Client indemnifies and holds TSS harmless from any claims, damages, losses, or liabilities arising from: (a) the Client's use of the Deliverables; (b) inaccurate information, materials, or instructions provided by the Client; or (c) the Client's failure to obtain required consents or permits.

Confidentiality

Both parties agree to keep confidential any proprietary or commercially sensitive information disclosed during the course of the Agreement and not to disclose such information to any third party without prior written consent.

Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms or any Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute is not resolved within 14 days of written notice, either party may refer the matter to mediation before commencing formal legal proceedings.

Force Majeure

Neither party will be held liable for delays or failure to perform obligations resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic restrictions, government-imposed restrictions, or site closures. Where a force majeure event affects delivery, the delivery period may be extended by mutual written agreement.

Governing Law

These Terms and any Agreement are governed by and construed in accordance with the laws of Victoria, Australia, and the Australian Consumer Law. The parties agree that the proper venue for any legal proceedings is the State of Victoria.

Disclaimer

Video production, photography, and content strategy are creative and subjective disciplines. TSS takes every care with professional advice, creative concepts, and their implementation. However, TSS cannot be held responsible for variations between a Client's expectations and the final delivered outcome where TSS has performed the Services in accordance with these Terms.

Entire Agreement & Amendments

These Terms, together with the relevant project Agreement, constitute the entire agreement between the parties and supersede all prior representations, agreements, and understandings, whether oral or written. Any amendments must be made in writing and agreed by both parties.