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Before you accept our proposal, please refer to our Terms and Conditions below.
These terms and conditions constitute your agreement with Life Portrait Films Pty Limited, 280 The River Road, Revesby 2212 NSW (‘Life Portrait films’). You are deemed to have accepted these terms and conditions if you commission Life Portrait films pursuant to an estimate or quotation to which these terms and conditions are attached, if you pay an invoice to which these terms and conditions are attached, or if you accept services from One on one films at any time after receiving notice of these terms and conditions. The terms and conditions of this agreement may only be amended by a document executed by Life Portrait films. The terms and conditions of this agreement prevail to the extent of any inconsistency with the terms and conditions of any document issued by you (whether before or after the date of this agreement). No document issued by you imposes terms and conditions in addition to, or inconsistent with, those contained in this agreement, unless expressly agreed to by Life Portrait films pursuant to a separate document subsequently issued by Life Portrait films. This agreement is made in New South Wales.
2. Fees payable to Life Portrait films
2.1. Fees payable to Life Portrait films will be calculated according to the current hourly or other rates charged by Life Portrait films for its creative services. Those rates will vary based on the type of services rendered, which may include without limitation; videography, editing and animation services. creative services; and strategic services. Life Portrait films may vary any of those rates from time to time except in relation to work already carried out under an agreement between Life Portrait films and you. Life Portrait films will endeavour to provide you with estimates of fees to be charged for each engagement. Any estimate given by Life Portrait films will cease to be valid if not accepted within 30 days of the date of the estimate, unless expressly stated to the contrary.
2.2. All reasonable disbursements and out-of-pocket expenses incurred by Life Portrait films in connection with the relevant work are added to the fees payable by Life Portrait films and must be paid by you. Without limiting he foregoing, any estimates provided by Life Portrait films for any stage of work will, unless expressly stated to the contrary, include an estimate of any reasonably foreseeable disbursements and expenses. The disbursements and expenses incurred by Life Portrait films may include, without limitation, those pertaining to copywriting, illustration, photographic and other services, models, film, processing, printing, materials, equipment, couriers, catering, on-line time, postage and sundries. Life Portrait films may charge a reasonable agency fee on the cost of any “bought-ins”, in addition to that cost. “Bought-ins” may include without limitation disbursements for copywriting, illustration, photography, models, printing and other materials. You acknowledge that third party suppliers may change their own fees or costing structure, in which case Life Portrait films will endeavour where possible to revise any estimates accordingly, however you must pay the full amount of any disbursements incurred by Life Portrait films.
2.3. At the approval of our estimate, a 50% deposit is required to commence the project. Payment can be made by cash, credit card or EFT to a nominated Life Portrait films bank account.
2.4 At the conclusion of the project, payment of invoice will be required prior to the release of any/all approved final content.
2.5 You are not entitled to make any deduction of whatsoever nature from any invoice including any set off or counterclaim.
3. Your Responsibilities
You must do all things reasonably necessary, and supply Life Portrait films in a timely fashion with all materials reasonably required by Life Portrait films, in order for Life Portrait films to perform the services. This may include without limitation supplying copy, photographs and other visual or audio-visual material, and if required, performing sub-editing and copywriting. Without limiting Life Portrait films’s rights under this agreement, if Life Portrait films is unable to complete any services because of your actions or omissions, or if you instruct Life Portrait films to cease or postpone any work, Life Portrait films may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to. You warrant that you are entitled to use, and to authorise Life Portrait films to use, all visual elements, written expressions, trade marks and other components and content that you provide to Life Portrait films. You are solely responsible for obtaining any permissions associated with the use of such materials. You indemnify Life Portrait films from any loss or damage of any kind (including legal costs on an indemnity basis) which Life Portrait films may suffer as a result of any breach by you of this clause 3, including without limitation the warranties given by you. You must notify Life Portrait films of any errors at sign-off stage, including any sign-off with any third party, which may include without limitation producers or photographers. Life Portrait films accepts no responsibility for errors that you do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which you or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by you after sign-off. You must provide Life Portrait films with a key-line credit or production credit on all artwork. The credit must be in the form provided by Life Portrait films.
4. Approval Procedure
Where appropriate, Life Portrait films will use best endeavours to provide a list of stages to be completed in the work. On completion of each stage, Life Portrait films will supply approval documents, which Life Portrait films requires to be signed off by you or a pre-agreed signatory. You agree that any requests for changes after sign-off may render previous estimates for completion of the work inaccurate, and without limiting Life Portrait films’s rights under this agreement, Life Portrait films may charge additional fees or incur additional disbursements as a result.
5. Usage and Intellectual Property Rights
The services provided to you by Life Portrait films will be rendered on a “licence” basis. You agree that Life Portrait films may use any of the Life Portrait films Material (as defined below) in a portfolio of its work, either online or offline.
6. Intellectual Property
All artistic works, audio-visual material, logos, and other material and content created by Life Portrait films (the “Life Portrait films Material”) are to be used only for the single purpose in the media and in the territory expressly made known to Life Portrait films when you commissioned Life Portrait films. Life Portrait films is, and remains, the owner of all right, title and interest in the Life Portrait films Material, including without limitation all copyright and other intellectual property rights. Until you pay all fees payable to Life Portrait films under this agreement you have no interest in or entitlement to use the Life Portrait films Material. Upon payment to Life Portrait films of all such fees, Life Portrait films grants you an exclusive licence to use the Life Portrait films Material for the single purpose, in the media, in the territory, and for the term expressly made known to Life Portrait films when you commissioned Life Portrait films. Without limiting the foregoing or Life Portrait films’s rights in the circumstances, if the Life Portrait films Material is used for any other purpose, you must pay to Life Portrait films such further licence fees as Life Portrait films would, in the ordinary course of its business, charge for that purpose.
7. Backups and Disposal
Life Portrait films Material shall be retained for up to three (3) months only and will then be disposed of, deleted or erased, unless otherwise pre-arranged. Storage fees may be applicable should you require storage of content for longer than this period.
8. Amendments
A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of 2 rounds of amendments applies. You must notify Life Portrait films of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments. Once the proposed changes have been made, Life Portrait films will provide you with the ‘version two (2)’. You must notify Life Portrait films of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round two (2)’ of amendments. Once the proposed changes have been made, Life Portrait films will provide you with the final version in the agreed format, or the ‘version three (3)’, which follows the same procedure as previous rounds. Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable post-production hourly rate and added to the final invoice.
9. Cancellation
You may notify Life Portrait films in writing (during normal business hours) if you do not require the services to be provided on the set date (“the cancellation”). If the cancellation is made within 48 hours of the time at which Life Portrait films has been engaged to provide the services, fees may be charged to recover the committed filming time.
10. Talent Release Forms
You are responsible for verifying that any person involved in the filming has agreed to be recorded. You will gather participants’ approval prior to filming.
11. Permits and Licences
It is your responsibility to ensure that all permits and licences are acquired before filming or taking photos in public and/or private locations. Life Portrait films does not take responsibility for this or any fees associated with hire, fines or costs due to location problems.
12. Confidentiality
Both you and Life Portrait films respectively acknowledge that, in the course of Life Portrait films rendering services, each party may have access to information which is of substantial value to the other party and which is proprietary and confidential to the other party. Each party undertakes not at any time to divulge any such proprietary and confidential information of the other party to any person without the other party’s prior written consent except in the performance of the first party’s obligations under this agreement. This undertaking shall apply during and after any period during which Life Portrait films renders services. Nothing in this clause shall deprive either party of the right to use or disclose any proprietary or confidential information which was lawfully available to the public at the time it was obtained by that party or which thereafter becomes lawfully available to the public through no act or omission of that party. On expiry or termination of this agreement, each party will, on request from the other party, deliver to the other party all documents, records or other materials in its possession, in any and all media, which relate in any way to the business or affairs of the other party, including such documents, records and other materials which contain confidential or proprietary information of a kind referred to in this clause.
13. Third Party Contractors
You acknowledge that in providing services to you (irrespective of the basis on which the services are rendered), Life Portrait films may sub-contract with third parties, including, but not limited to, photographers, videographers and editors. The rights granted to you by Life Portrait films in the Life Portrait films Material are subject to all bona fide third party rights attaching to the Life Portrait films Material, and to the various copyright and other subject matter comprising or depicted in the Life Portrait films Material (the “Components”). The Components may include, but are not limited to photographs, artistic works, copywriting, sound recordings and cinematograph films. The agreement between you and Life Portrait films does not entitle you to exploit or otherwise deal with the Components separately from the Life Portrait films Material as a whole. Unless agreed to the contrary in writing by Life Portrait films, all responsibility for obtaining any necessary third party consents in respect of the Life Portrait films Material or the Components shall lie with you. Without limiting the foregoing, you warrant to Life Portrait films that, in respect of any Components supplied by you and incorporated into the Life Portrait films Material, you have obtained all necessary consents for Life Portrait films to use and exploit those Components for the purpose of this agreement, and that such use by Life Portrait films will not infringe the rights of any third parties anywhere in the world. You indemnify Life Portrait films from any loss or damage of any kind (including legal costs on an indemnity basis) which Life Portrait films may suffer as a result of any breach by you of this clause 13, including without limitation the warranties given by you.
14. Exclusion or Limitation of Liability
Life Portrait films is not liable to you or any other person for indirect, consequential or incidental damages or expenses of any kind arising from or relating to the supply of creative services to you by Life Portrait films. These terms and conditions will not be read or applied so as to purport to exclude, restrict or modify all or any of the provisions of Part V of the Trade Practices Act 1974 (CTH) or Part VIII of the Sale of Goods Act 1923 (NSW) or any other law which cannot be excluded, restricted or modified. Without prejudice to any of the foregoing, and whilst all reasonable care and preparation is taken for videography and editing, Life Portrait films will not be liable for any compensation except for return of any deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Life Portrait films or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
15. Disclaimer
Subject to clause 14, Life Portrait films makes no express warranties regarding the services provided, whether as to fitness for purpose or otherwise, and any and all implied warranties are excluded to the fullest extent permitted by the law.
16. Termination
Neither you nor Life Portrait films may terminate this agreement in reliance on an alleged material breach by the other party, unless the party wishing to terminate has given the other party written notice of the alleged material breach and allowed them not less than 14 days to remedy it. Termination of this agreement, however occurring, is without prejudice to the rights of either party, which may have accrued prior to termination.
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