Terms & Conditions
THIRD SPACE STUDIOS
Below are the standard terms and conditions of Third Space Studios (TSS)
It is important that you (The Client) read through this document thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with TSS. Please contact us if you do not understand any of the terms and conditions in this document.
This Client Services Agreement (Agreement) is entered into and is effective as of the Agreement Date (as defined by the contract) by and between TSS and the person(s) identified as the Client of this Agreement.
1. DEFINITIONS
The Project is the overall production described on the Agreement that the Client is specifically commissioning TSS to uphold.
Videographer refers to the operator who is producing, filming, editing and generally overseeing the Project in its entirety. There may be multiple Videographers working on the project at any time, depending on the size of the project.
Videography refers to the video production services being completed by the Videographer, outlined in the contract.
Cancellation means that the Project is cancelled by the Client and not rescheduled. In the event of cancellation, the Client will be responsible for those fees, costs and charges outlined in section 3.2 of this document.
Postponement is the rescheduling of the Project by the Client within 30 days of when production was due to commence.
2. PAYMENT TERMS.
The Client agrees to pay a 50% deposit of the quoted amount to secure the booking, within 7 days of the agreement. TSS has no obligation to commence work on the Project until the deposit has been paid.
The Client’s failure to pay the deposit shall be deemed a material breach of this Agreement, and will result in damages to TSS. Our production team will thus not be obliged to perform any services going forward for the Client under this Agreement, until the deposit is paid in full.
Agreement to work with, and submission of signed contract and payment of deposit to TSS constitutes agreement to these terms and conditions.
2.1 DEPOSIT
The retainer fee (50% deposit) described on this Agreement reserves the Videography services for the Project on the agreed date and time, and at the location(s) outlined in the contract.
The deposit is due and payable when the Client signs the Agreement and/or within 7 days. The deposit is non-refundable unless cancellation is made more than 60 days prior to the commencement of the Project, as outlined in section 3.2.
2.2 FINAL PAYMENT
The final payment outlined in the invoice is due and payable no more than 14 days after the completion date of the Project.
3. CHANGES TO PRODUCTION SCHEDULE
The Client acknowledges that in the event that the Client must cancel or postpone the commencement of the Project, TSS will suffer a loss. The Client will notify TSS of these changes as soon as possible in order to minimize this loss.
3.1 POSTPONEMENT
If there is a Postponement within 30 days of when filming was due to commence, TSS and the Client agree that the Client shall pay 25% of the entire fee to TSS which represents a compromise portion of the actual damages sustained by TSS due to the Postponement. This payment must be made within 14 days of any Postponement. This sum shall be in addition to the deposit and final payment.
3.2 CANCELLATION
If a cancellation is made by the Client that is less than 30 days from the commencement date of the Project, TTS and the Client agree that the Client shall be liable to pay TTS the outstanding balance of the quoted amount agreed in the contract in its entirety. This must be paid within 14 days of the cancellation.
If a cancellation is made by the Client that is less than 60 days from the commencement date of the Project, TSS and the Client agree that the 50% deposit fee retained upfront will not be refunded to the Client.
If a cancellation is made by the Client more than 60 days prior to the commencement date of the Project, the Client’s 50% deposit retained upfront will be refunded to the Client in full.
3.3. COLLECTION.
In the event that TSS is required to file legal proceedings to recover fees from the Client pursuant to this Agreement, or to otherwise enforce this Agreement, then TTS shall be entitled to recover all cost and expenses incurred by TTS in relation to such legal proceedings, including an award of reasonable legal costs.
4. LIMITS OF LIABILITY.
TSS takes pride in and respects the development and delivery of all content. However, in the unlikely event that TSS fails to comply with the terms of this Agreement due to unforeseen circumstances, which prevents the delivery of the Project, TSS liability to the Client shall be limited solely to a refund of all money paid by the Client to TSS. The Client’s sole remedy shall be receiving a refund of all money paid by the Client to TSS.
5. COPYRIGHTS.
The Videography and related work created by TSS throughout the Project constitutes the copyrighted work of TSS. This work at all times shall remain the property of TSS.
Any portion of the work delivered to the Client is for the Client’s personal use only. The Client may not sell or reproduce, nor authorise the sale or reproduction of, any portion of the Project without TSS’s written consent.
5.1 RAW FOOTAGE
TSS does not distribute any un-edited/raw footage and it remains solely the property of TSS. If in the event that the client wishes to request any of the un-edited footage, a price will be determined by TSS based on the amount of footage requested, and agreed on by TTS and the Client.
6. MODEL RELEASE.
The Client consents that TSS owns all rights to the content captured on the project and thus TTS may use it at their discretion. TTS may use any portion of the project for display, publication, or other promotional uses without payment of additional compensation or royalties to the Client.
6.1 CONSENT FOR UNDER 18
TSS Crew members hold an up to date Working with Children’s check. Any person’s under the age of 18 must have written consent to be filmed, from a parent or guardian and must be accompanied by an adult while on set.
7. LOCATION COSTS & FEES.
If there are any costs/fees associated with the location the Client has chosen for their session, the Client will be responsible for those fees.
TSS covers travel within 70 km from our office in Collingwood. Any location outside of these limits will be subject to an additional charge of $2/km as part of the Agreement unless otherwise discussed.
8. COVERAGE.
The client agrees to pay any additional filming, editing and/or production costs and fees to TSS that are outside of the original scope of work quoted for. These additional costs will be reflected in the final invoice.
9. EQUIPMENT & DIGITAL FILES.
TSS will not be liable for the following event should they inhibit or prevent completion of this project in whole or in part. Although all equipment is checked and tested regularly and reasonable steps are taken to ensure backup equipment is available, the Videographer will not be responsible for video content that is not produced due to technical failure.
This includes: The effect of the weather or unknown environmental conditions. Damage or theft incurred to any or all equipment owned or used by TSS where they have upheld responsible preventative measures. Damage or injury to any person(s) that recklessly or neglectfully interferes with any equipment owned by TSS. Loss or damaged digital files in transit or during production where they have upheld responsible preventative measures.
9.1 DRONE
TTS operates under the ‘Sub 2kg’ Excluded Category for flying drones, as per the Australian Government’s Civil Aviation Safety Authority (CASA).
The safety of all our crew members and the Client working on the Project is paramount and thus drone videography is fully subject to the conditions on the day of filming. A full safety check of the area will be performed by the drone operator and the work will commence only when the area has been deemed safe to do so. If the conditions on the day are not deemed suitable to fly, the client will be charged a call-out fee only of $150, if the sole purpose of the work that day was drone videography only. If the Videographer is also required to film content on the ground that day, no call out fee will apply and the regular Videography can proceed. The Client will not incur any extra fees to reschedule another time for drone videography if the area is deemed unsafe to fly on the original date of filming.
TTS has the right to choose not to fly on the day if the drone operator believes the conditions and/or surroundings are unsafe or not suitable.
It is the sole responsibility of the Client to obtain permits for flying drones in areas necessary (eg. Parks, Construction sites etc.) prior to the filming day.
10. DELIVERABLE ITEMS.
The Client will receive the first draft of each video which includes one round of changes per video. The Client must then provide one list of all feedback from all stakeholders involved to TTS, so amendments can be made in one session. Any changes after this will be considered additional work that is outside of the original scope of work. This will incur additional fees per hour of work and will be reflected in the final invoice. Files will be supplied to the client via a downloadable URL from Google Drive, Dropbox and/or WeTransfer.
11. RUSH FEE
If the turnaround time for a final edit is 7 days or less, a rush fee of 50% will be applied to the final invoice.
12. JURISDICTION & VENUE.
This Agreement shall be construed according to the laws of the State of Victoria and the Client and TTS agree that the proper venue for any legal proceedings related to this Agreement is in the State of Victoria.
13. DISCLAIMER
Videography is a highly creative and subjective art form. As such, Third Space Studios take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, TTS cannot be held responsible for variations between expectation and outcome.