TERMS AND CONDITIONS

These Master Terms apply together with the accepted terms in the hire shop, Quote and each service schedule identified in the Quote. The Client should read the short service schedule first. It contains the booking-specific cancellation, operational and delivery terms. Nothing in these terms removes rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.

Good Boy Creative Production Pty Ltd trading as Creative Kicks Media

Creative Kicks Media

38/91 Moreland Street,

Footscray VIC 3011

These Master Terms apply to every Quote, booking, project, service and equipment hire supplied by Creative Kicks, unless Creative Kicks agrees otherwise in writing. The contract consists of these Master Terms, the accepted Quote or Scope, each applicable service schedule, and any written variation accepted by both parties.

1.1 Creative Kicks means Good Boy Creative Production Pty Ltd trading as Creative Kicks. References to we, us and our have the same meaning.

1.2 Client means the person or entity identified in the Quote, booking or checkout. References to you and your have the same meaning.

1.3 If documents conflict, the order of precedence is: a written variation signed or clearly accepted by both parties; the accepted Quote or Scope; the applicable service schedule; then these Master Terms.

1.4 A document only overrides another document where the change is clear and specific. General purchase-order terms supplied by the Client do not apply unless Creative Kicks expressly accepts them in writing.

2.1 The Client accepts the contract by signing it, approving the Quote online, clearly accepting it by email or other writing, paying a required deposit, or instructing Creative Kicks to commence work after the contract documents have been provided or linked.

2.2 The person accepting the contract warrants that they have authority to bind the Client. A person acting for a company is not personally liable merely because they arranged the booking, unless they separately give a clear written personal guarantee.

2.3 Electronic signatures and online approvals may be used. Creative Kicks may retain electronic records showing the documents presented, the version, date, time and method of acceptance.

3.1 The Services, Deliverables, Equipment, dates, fees and inclusions are limited to what is expressly stated in the accepted Quote or Scope.

3.2 A Quote is valid for the period stated in it. If no period is stated, it is valid for 14 days, subject to availability and any genuine supplier price changes before acceptance.

3.3 Items not expressly included are excluded. Examples may include additional crew, overtime, travel, permits, parking, freight, accommodation, third-party licences, additional versions, reshoots, re-edits, advanced retouching, raw files, working files, structural work, electrical work, network work and specialist access equipment.

3.4 Creative Kicks will not be responsible for an outcome that depends on information, access, infrastructure, equipment or services the Client was required to provide but did not provide accurately or on time.

4.1 The Client must nominate one authorised contact who may give instructions, approvals and feedback.

4.2 Creative Kicks may rely on that person unless the Client gives written notice of a change.

4.3 The Client is responsible for checking briefs, scripts, run sheets, names, titles, prices, claims, schedules, technical requirements and approvals before confirming them.

4.4 A delay in instructions, approvals, access, files, permits or information may extend the timeline and may result in additional charges where it causes additional work, crew time, supplier costs or lost booking capacity.

5.1 The Client must pay the fees and deposit stated in the Quote, invoice or checkout. Fees are in Australian dollars and exclude GST unless stated otherwise.

5.2 A booking is not confirmed until any required deposit or prepayment has cleared, unless Creative Kicks agrees otherwise in writing.

5.3 Unless the Quote states another due date, invoices are due within 14 days. Equipment hire must be paid before collection or dispatch.

5.4 Creative Kicks may withhold final Deliverables, suspend Services, release unconfirmed dates or decline further work while an undisputed amount is overdue.

5.5 Overdue amounts may accrue interest at 10% per annum, calculated daily, from the due date. Creative Kicks may recover reasonable external debt-recovery and legal costs to the extent permitted by law.

5.6 Invoice queries should be raised promptly and, where practicable, within 7 days. The Client must pay any undisputed portion by the due date. This clause does not limit any right that cannot lawfully be limited.

6.1 A variation includes any change to scope, schedule, location, access, quantity, crew, equipment, Deliverables, technical requirements or assumptions after the Quote is accepted.

6.2 Creative Kicks may provide a revised Quote, written estimate or rate before starting a material variation. Where urgent work is requested on site and advance pricing is impractical, the work may be charged at the rates stated in the Quote or the current rate card.

6.3 The authorised Client representative may approve a variation by email, message, signed variation, online approval or clear on-site instruction. Creative Kicks will keep a reasonable record of the approval.

7.1 Unless expressly included, the Client must reimburse reasonable project expenses such as travel, parking, tolls, accommodation, freight, couriers, permits, location fees, licences and approved third-party suppliers.

7.2 Creative Kicks will not add a margin to a third-party cost unless the Quote or service schedule states a handling, production or procurement fee.

7.3 Non-recoverable third-party costs and supplier commitments remain payable if the Client cancels or changes the booking, subject to applicable law and the relevant service schedule.

8.1 The cancellation and postponement rules in the applicable service schedule apply to change-of-mind cancellations and Client-requested changes.

8.2 Cancellation charges are intended to protect work already completed, reserved dates, unavailable equipment, committed crew, administration and non-recoverable supplier costs. They do not limit remedies available where Creative Kicks fails to meet a non-excludable legal obligation.

8.3 A postponement is treated as a cancellation unless the relevant schedule says otherwise or Creative Kicks agrees in writing to transfer the booking to another date.

8.4 Any rescheduled date is subject to availability. Supplier increases, changed scope and additional costs may be added to the rescheduled booking.

9.1 Creative Kicks may suspend or stop work where payment is overdue, required access or approvals are missing, conditions are unsafe, a person behaves abusively or unlawfully, equipment is at risk, or continuing would breach a legal or safety obligation.

9.2 Where the problem was caused by the Client or a person for whom the Client is responsible, the applicable cancellation or delay charges may apply.

9.3 If Creative Kicks cancels for reasons within its reasonable control and not caused by the Client, Creative Kicks will offer a reasonable reschedule, substitute provider where agreed, credit, or refund for the affected Services not supplied.

10.1 The Client warrants that it has the rights, licences, consents and authority required for Creative Kicks to use all materials, names, brands, music, footage, photographs, scripts, statements, data, locations, property and instructions supplied by or for the Client.

10.2 Unless the Quote says otherwise, the Client is responsible for venue permission, event permission, landowner permission, talent and appearance releases, music rights, privacy consents, property releases and permissions for Client-provided content.

10.3 The Client must not instruct Creative Kicks to create or publish unlawful, misleading, defamatory, infringing or unsafe material.

11.1 Creative Kicks retains copyright and other intellectual property rights in its pre-existing materials, production methods, templates, know-how, Raw Materials, Working Files and all material created for the Project, unless the Quote expressly states that copyright is assigned.

11.2 After full payment, Creative Kicks grants the Client a perpetual, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, publish, display, communicate, broadcast, distribute, advertise, promote, crop, edit, adapt, combine and otherwise commercially exploit the final Deliverables in all media and formats.

11.3 The licence permits use by the Client and its agencies, contractors, related entities, media buyers, broadcasters, distributors, publishers, sponsors, platforms, venues and commercial partners for the Client project or campaign.

11.4 Third-party materials remain subject to the relevant third-party licence. Creative Kicks cannot grant rights it does not own.

11.5 Raw Materials and Working Files are not included unless the applicable schedule or Quote expressly includes them.

12.1 Unless the Client gives written notice before the shoot, event or final delivery, Creative Kicks may use non-confidential final Deliverables, excerpts, stills, behind-the-scenes material, project credits, and the Client name and logo for its portfolio, showreel, website, social media, case studies, award entries and pitches.

12.2 Creative Kicks will respect a written embargo and will not knowingly publish confidential, unreleased or legally restricted material.

13.1 Creative Kicks may use suitably skilled employees, contractors and specialist suppliers to provide part of the Services.

13.2 Creative Kicks remains responsible for the Services it contracts to supply, subject to these terms and applicable law.

13.3 Where the Quote identifies a third party as directly engaged by the Client, that party is responsible for its own services and contract.

14.1 The Client must provide safe, lawful and timely access, accurate site information, suitable working areas, required inductions, passes, escorts, parking, loading access and site-specific controls stated in the Quote or schedule.

14.2 Each party remains responsible for its own legal safety duties. Nothing in the contract transfers or removes a duty that cannot lawfully be transferred or removed.

14.3 Creative Kicks may pause or refuse work where conditions are unsafe, approvals are missing, conduct is abusive, or equipment or personnel are exposed to unreasonable risk. Time reasonably lost while the Client remedies the issue may remain chargeable.

15.1 Unless the applicable schedule states otherwise, Creative Kicks will retain available final Deliverables, Raw Materials and Working Files for three years from final delivery or the last date of work, whichever is later.

15.2 Creative Kicks will take reasonable commercial care of stored files but does not provide a specialist archive or disaster-recovery service. The Client must download, check and keep its own backup copies of all delivered files.

15.3 After the three-year period, Creative Kicks may delete stored files without further notice. Recovery, re-upload, conversion or restoration work may be charged.

15.4 Where a file is lost or corrupted despite reasonable care, Creative Kicks will use reasonable efforts to restore an available backup. This clause does not limit any non-excludable right.

16.1 Each party must keep the other party’s confidential information confidential and use it only for the contract, except where disclosure is required by law or reasonably required to professional advisers, personnel, subcontractors, insurers, payment providers, cloud services or other service providers involved in the work.

16.2 Creative Kicks will handle personal information in accordance with applicable privacy laws and its published Privacy Policy.

16.3 The Client must not provide unnecessary sensitive personal information and must obtain any consent required before providing personal information about another person.

17.1 Nothing in the contract excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

17.2 Where the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee relating to services to be limited, Creative Kicks limits its liability, at its option, to supplying the affected Services again or paying the reasonable cost of having them supplied again.

17.3 Any statement about no refund, exclusion, waiver, limitation, time limit or remedy is subject to clause 17.1.

18.1 To the maximum extent permitted by law, Creative Kicks is not liable for indirect or consequential loss, loss of profit, revenue, opportunity, anticipated savings, reputation or business interruption.

18.2 To the maximum extent permitted by law, Creative Kicks’ total aggregate liability arising from the affected Services is limited to the fees paid or payable for those affected Services.

18.3 The exclusions and cap do not apply to liability that cannot lawfully be limited, or to fraud, wilful misconduct, or death or personal injury caused by Creative Kicks’ negligence.

18.4 Creative Kicks is not responsible for delay, failure or loss caused by Client instructions, Client materials, venue or site conditions, third parties not engaged by Creative Kicks, platform outages, authority decisions, or events beyond Creative Kicks’ reasonable control, except to the extent Creative Kicks caused or contributed to the loss.

The Client indemnifies Creative Kicks against a third-party claim, loss, liability or reasonable cost arising from the Client’s unlawful instructions, breach of the contract, negligence, wilful misconduct, or infringement caused by Client Materials. The indemnity is reduced to the extent Creative Kicks caused or contributed to the claim and does not apply where it would be unfair or unlawful.

20.1 Neither party is liable for delay or failure to perform to the extent caused by an event beyond its reasonable control, including severe weather, natural disaster, fire, flood, pandemic restriction, civil disturbance, emergency activity, transport disruption, utility failure, site closure, authority direction or widespread technical outage.

20.2 The affected party must notify the other party as soon as reasonably practicable and take reasonable steps to reduce the impact.

20.3 The parties will first try to reschedule or adjust the Services. Creative Kicks may retain payment for work already performed and non-recoverable commitments. If the affected Services cannot reasonably be rescheduled, Creative Kicks will refund any balance paid for Services not supplied, subject to applicable law.

21.1 A party must give the other party reasonable details of a complaint and allow a reasonable opportunity to respond and remedy the issue before starting court proceedings, except where urgent relief or debt recovery is reasonably required.

21.2 The parties will first try to resolve the dispute through direct discussion. They may then agree to mediation in Victoria before litigation.

21.3 Nothing in this clause prevents a consumer from contacting Consumer Affairs Victoria, the ACCC or another regulator, or exercising a right that cannot be restricted.

22.1 The contract is governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria and courts hearing appeals from them.

22.2 A variation must be clearly agreed in writing by both parties. Creative Kicks may update its standard terms for future bookings, but an update does not change an existing accepted booking unless both parties agree.

22.3 If a provision is unenforceable, it is read down or severed to the minimum extent required. The remaining provisions continue.

22.4 A delay or failure to exercise a right is not a waiver of that right.

22.5 The contract contains the entire agreement about its subject matter, subject to rights that cannot be excluded and any written representation expressly incorporated into the Quote or Scope.