Terms and Conditions - Production Sound
A. BOOKINGS, PAYMENT, TIMES, COPYRIGHT
1. Bookings are accepted subject to availability and may either be confirmed at the time of booking, or if subject to change, may be placed on hold up until 48-hours of the call time. Unless cancelled or negotiated prior to 48-hours of the call time, a hold is automatically considered confirmed.
2. Once a booking is confirmed it may still be cancelled however cancellation fees will apply at the rate of 50% within 48 hours and 100% within 24 hours of the call time.
3. A hold may be cancelled by either party.
4. Copyright of all recorded materials remain the property of Creative Kicks Media until full & final payment has been received.
5. Payment terms are strictly 14 days from the date of invoice
6. Late payment may result in late fees being charged at the rate of 10% after 30 days. Failure to pay within 60 days of the invoice date may result in legal action. All legal costs incurred will be charged to the production company / booking agent / source.
7. Listed rates apply locally, and are offered as a guide-only with fees subject to change with job-specifics.
8. Times are measured from call-time to wrap in Melbourne metro, and portal-to-portal in all other national & international locations, inclusive of lunch, travel & appropriate breaks.
9. Wrap is defined as departure-from-final-location, with point (b.2) being the exception.
10. Overtime is measured per hour or part-thereof, and applies to all productions unless specifically negotiated.
11. Weather holds or special requirements to be specifically negotiated.
12. Bookings are taken in 4-hour (half-day), 8-hour (full-day), 10-hour (extended day rate) increments, with overtime charged beyond the hours. All other roles will bill an 8-hour fee once beyond 4-hours.
13. Jobs running short will be billed as per original booking, regardless of an early wrap.
14. The extent of Creative Kicks Media liability due to illness errors, omissions, or professional and technical & mechanical failures, and/or effects of crime shall be limited to the equivalent of the booking’s daily fee.
15. Original receipts will be retained for Creative Kicks Media, accounts, and charges will be itemised on the invoice.
B. TRANSPORT & MILEAGE
1. Quoted rates include a transport allowance around Melbourne-metro up to 30km/day. Beyond 30km/day, mileage / km charged at $1/km.
2. Locations beyond 30km of Creative Kicks Studio (and considered within Melbourne) will start consuming the 30km transport allowance from the 30km boundary onward. Call time will be calculated accordingly, and where applicable, returning to the 30km boundary will be considered the wrap time.
3. When embarking on a road-journey out of Melbourne, mileage is charged from outset of journey at $.82/km, and times measured on a portal-to-portal basis.
4. All tolls, parking fees or charges incurred in the course of production, from call-time to wrap, will be billed to the production.
5. Transport provided by the production must meet adequate health safety & security standards, or be negotiated otherwise with considerations as to the nature of the production.
C. EQUIPMENT & DISC STOCK
1. Equipment outlined on the rates-list is a guide, and equipment brought onto location will be accepted as that which Creative Kicks Media deems necessary & most effective.
2. Special equipment requests will be adhered to as closely as possible. Where specific models/items are unavailable, a suitable replacement will be sought. Shortcomings will be communicated ahead of time.
3. Rental equipment sourced on behalf of a production incurs a 20% handling fee, in addition to tolls and charges incurred during pick-up & return.
4. In the unlikely event of technical failure involving equipment owned by Creative Kicks Media, reasonable reparations in the form of bill discount or credited hours will be negotiated for any lost time for the day of the incident only. The extent of Creative Kicks Media, liability shall be limited to the booking’s daily fee.
5. In Melbourne, Creative Kicks Media, shall bear the cost of equipment replacement. For all other locations, the production shall bear the cost of equipment replacement.
6. No responsibility shall be accepted for equipment rented on behalf of the production.
7. No responsibility accepted for lost opportunity, lost imagery or sound arising from technical failure.
D. LOCATIONS & WORKPLACE
1. A safe workplace is always maintained.
2. Productions planning to shoot in hostile environments must advise Creative Kicks Media prior to confirmation. Such environments include exposure to salt, sand, water or dust, biological and chemical agents, civil unrest and declared hostilities.
3. Location should have access to catering facilities, otherwise be catered by production, or crew should be informed of special requirements prior to the shoot.
4. Equipment damage caused by handling by unauthorised persons or the actions of persons associated with or employed by the production will be charged to the production. Authorisation is restricted to senior persons in the camera, sound, lighting & grip departments.
E. TRAVEL
1. Airport transfers and or airport parking are billed to the production.
2. International & national travel measured on a ‘portal-to-portal’ basis or as negotiated.
3. Daily times are measured on a portal-to-portal basis in all national & international locations (outside of Melbourne) inclusive of lunch, travel & appropriate breaks.
4. Per diems must adequately cover meals, telecommunication & weekly laundry, with respect to schedule & destination. Alternate arrangements welcomed.
5. Travel & rest days include zero filming. Recce’s are welcomed on travel days given it is of reasonable duration, and the site is en-route or within reasonable proximity of crew accommodation.
6. Accommodation & transport provided by the production must meet adequate safety & security standards, or be negotiated otherwise with considerations as to the nature of the project.
7. It is the responsibility of the client to arrange and pay for the provisions of excess baggage, prior or on travel date. Where Creative Kicks Media does pay for any excess baggage, convenience fee of 25% will be charged of the excess baggage bill.
F. FOREIGN (VISITING) PRODUCTIONS
1. All required payments must be received prior to commencement
2. Final payment including incurred costs is due upon completion of each schedule.
3. Continuation of services beyond the schedule is negotiable.
4. Discontinuation of services within the schedule incurs applicable cancellation fees and immediate air transport to Melbourne for personnel and equipment.
5. Scheduled payments negotiable for long-term projects.
6. Recorded materials may be withheld until receipt of due payment. When recorded materials are withheld, returns will be arranged upon receipt of payment via the production’s means & expense. All due care taken, no responsibility accepted for losses.
A. BOOKINGS, PAYMENT, TIMES, COPYRIGHT
1. Bookings are accepted subject to availability and may either be confirmed at the time of booking, or if subject to change, may be placed on hold up until 48-hours of the call time. Unless cancelled or negotiated prior to 48-hours of the call time, a hold is automatically considered confirmed.
2. Once a booking is confirmed it may still be cancelled however cancellation fees will apply at the rate of 50% within 48 hours and 100% within 24 hours of the call time.
3. A hold may be cancelled by either party.
4. Copyright of all recorded materials remain the property of Creative Kicks Media until full & final payment has been received.
5. Payment terms are strictly 14 days from the date of invoice
6. Late payment may result in late fees being charged at the rate of 10% after 30 days. Failure to pay within 60 days of the invoice date may result in legal action. All legal costs incurred will be charged to the production company / booking agent / source.
7. Listed rates apply locally, and are offered as a guide-only with fees subject to change with job-specifics.
8. Times are measured from call-time to wrap in Melbourne metro, and portal-to-portal in all other national & international locations, inclusive of lunch, travel & appropriate breaks.
9. Wrap is defined as departure-from-final-location, with point (b.2) being the exception.
10. Overtime is measured per hour or part-thereof, and applies to all productions unless specifically negotiated.
11. Weather holds or special requirements to be specifically negotiated.
12. Bookings are taken in 4-hour (half-day), 8-hour (full-day), 10-hour (extended day rate) increments, with overtime charged beyond the hours. All other roles will bill an 8-hour fee once beyond 4-hours.
13. Jobs running short will be billed as per original booking, regardless of an early wrap.
14. The extent of Creative Kicks Media liability due to illness errors, omissions, or professional and technical & mechanical failures, and/or effects of crime shall be limited to the equivalent of the booking’s daily fee.
15. Original receipts will be retained for Creative Kicks Media, accounts, and charges will be itemised on the invoice.
B. TRANSPORT & MILEAGE
1. Quoted rates include a transport allowance around Melbourne-metro up to 30km/day. Beyond 30km/day, mileage / km charged at $1/km.
2. Locations beyond 30km of Creative Kicks Studio (and considered within Melbourne) will start consuming the 30km transport allowance from the 30km boundary onward. Call time will be calculated accordingly, and where applicable, returning to the 30km boundary will be considered the wrap time.
3. When embarking on a road-journey out of Melbourne, mileage is charged from outset of journey at $.82/km, and times measured on a portal-to-portal basis.
4. All tolls, parking fees or charges incurred in the course of production, from call-time to wrap, will be billed to the production.
5. Transport provided by the production must meet adequate health safety & security standards, or be negotiated otherwise with considerations as to the nature of the production.
C. EQUIPMENT & DISC STOCK
1. Equipment outlined on the rates-list is a guide, and equipment brought onto location will be accepted as that which Creative Kicks Media deems necessary & most effective.
2. Special equipment requests will be adhered to as closely as possible. Where specific models/items are unavailable, a suitable replacement will be sought. Shortcomings will be communicated ahead of time.
3. Rental equipment sourced on behalf of a production incurs a 20% handling fee, in addition to tolls and charges incurred during pick-up & return.
4. In the unlikely event of technical failure involving equipment owned by Creative Kicks Media, reasonable reparations in the form of bill discount or credited hours will be negotiated for any lost time for the day of the incident only. The extent of Creative Kicks Media, liability shall be limited to the booking’s daily fee.
5. In Melbourne, Creative Kicks Media, shall bear the cost of equipment replacement. For all other locations, the production shall bear the cost of equipment replacement.
6. No responsibility shall be accepted for equipment rented on behalf of the production.
7. No responsibility accepted for lost opportunity, lost imagery or sound arising from technical failure.
D. LOCATIONS & WORKPLACE
1. A safe workplace is always maintained.
2. Productions planning to shoot in hostile environments must advise Creative Kicks Media prior to confirmation. Such environments include exposure to salt, sand, water or dust, biological and chemical agents, civil unrest and declared hostilities.
3. Location should have access to catering facilities, otherwise be catered by production, or crew should be informed of special requirements prior to the shoot.
4. Equipment damage caused by handling by unauthorised persons or the actions of persons associated with or employed by the production will be charged to the production. Authorisation is restricted to senior persons in the camera, sound, lighting & grip departments.
E. TRAVEL
1. Airport transfers and or airport parking are billed to the production.
2. International & national travel measured on a ‘portal-to-portal’ basis or as negotiated.
3. Daily times are measured on a portal-to-portal basis in all national & international locations (outside of Melbourne) inclusive of lunch, travel & appropriate breaks.
4. Per diems must adequately cover meals, telecommunication & weekly laundry, with respect to schedule & destination. Alternate arrangements welcomed.
5. Travel & rest days include zero filming. Recce’s are welcomed on travel days given it is of reasonable duration, and the site is en-route or within reasonable proximity of crew accommodation.
6. Accommodation & transport provided by the production must meet adequate safety & security standards, or be negotiated otherwise with considerations as to the nature of the project.
7. It is the responsibility of the client to arrange and pay for the provisions of excess baggage, prior or on travel date. Where Creative Kicks Media does pay for any excess baggage, convenience fee of 25% will be charged of the excess baggage bill.
F. FOREIGN (VISITING) PRODUCTIONS
1. All required payments must be received prior to commencement
2. Final payment including incurred costs is due upon completion of each schedule.
3. Continuation of services beyond the schedule is negotiable.
4. Discontinuation of services within the schedule incurs applicable cancellation fees and immediate air transport to Melbourne for personnel and equipment.
5. Scheduled payments negotiable for long-term projects.
6. Recorded materials may be withheld until receipt of due payment. When recorded materials are withheld, returns will be arranged upon receipt of payment via the production’s means & expense. All due care taken, no responsibility accepted for losses.
Terms and Conditions - Hire
A. RESPONSIBILITY FOR HIRE
1. The person completing the ID check process is responsible for the safekeeping and condition of the equipment from point of hire until point of return.
2. In the case of delivery the person who completes the ID check process is responsible for the safekeeping and condition of the equipment from delivery to collection of the equipment.
3. Equipment must be returned in the same condition as it is received.
4. Please make sure you never leave your hire equipment unattended. If the equipment is not returned as a result of loss/misplacement/theft, the hirer is responsible for its replacement at market value.
B. HIRE PICK-UP/RETURN PERIOD
1. All item pricing for hire on the website is for an overnight hire period unless an alternative hire period has been selected.
2. Any allowance for an early pickup or late drop off beyond this hire period is authorised at Creative Kicks's discretion.
3. We reserve the right to allow extended hire periods at no extra charge where we see fit, we also reserve the right to book equipment with your knowledge to be due back at a certain time on the day of return.
4. Any hire which is not returned by the agreed time will incur extra hire charges per day of the daily hire amount for each/every item(s) not returned.
5. During peak periods, such as New Years, where demand for equipment is very high, each hire item will incur extra charges, these will be explained at the time of booking, and all peak hire periods will require full payment at time of booking in order to reserve the equipment. As with our regular hire period, it is advisable to pay for hire equipment when making a booking to ensure it is reserved for you.
C. EQUIPMENT ISSUES
1. We strongly encourage all customers to set-up and test equipment within opening hours. In the event of issues in set-up/operation, we advise to contact your us for troubleshooting assistance within business hours as we may not be contactable outside of regular business hours.
2. Liquid/Shock Detection labels are used to detect equipment mistreatment/misuse. Trigger or activation of these labels will incur $100-$200 diagnosis charges, so it is important to treat equipment carefully and avoid having drinks and liquids placed near the equipment during use or storage.
3. If you experience a suspected pre-existing fault with our equipment, we encourage you to contact us within business hours to allow us to diagnose the issue with you. In extreme cases, we will make a note to inspect the equipment upon return and can organise a credit/refund for the item/s of equipment that demonstrate a pre-existing fault.
4. We also strongly encourage you to contact us if you believe you have caused damage to any of the equipment during the process of hiring as this will allow us to perform an efficient fault diagnosis upon return resulting in a quicker return process for you.
D. CANCELLATIONS, CREDITS AND REFUNDS
1. Full payment via Debit/Credit Card is required to request the reservation of equipment for a specific date.
2. If equipment requested is unavailable (and a suitable substitute cannot be recommended) you will be contacted, and a refund or credit note will be issued equal to the value of the affected items or to the full value of the booking.
3. Our Refund Policy is strictly based on the time a booking cancellation is made. If a booking is cancelled:
a. within 48 hours of the date (or scheduled delivery date): no refund will be issued.
b. within 3-7 days of the date (or scheduled delivery date): a 25% refund will be issued.
c. within 8-14 days of the date (or scheduled delivery date): a 50% refund will be issued.
d. outside 14 days from the date (or scheduled delivery date): a 100% refund will be issued (less a $50 processing & handling fee).
4. Any booking requests cancelled within 24 hours of placing the booking request will be entitled to a full refund or credit, with the exception of booking requests that are placed within 48 Hours of the event date.
5. If a booking is cancelled on the day as a result of the hirer not being able to satisfy the Bond and/or Identification Requirements, no refund or credit note will be issued.
6. If a booking is cancelled due to COVID restrictions, all other cancellation policies will be overridden and terms will be discussed on a case by cast basis.
TERMS & CONDITIONS OF HIRE (The legal detail)
1. DEFINITIONS
a) Good Boy Creative Productions PTY LTD T/A Creative Kicks (ABN 83 649 505 199) is hereinafter referred to as the “Owner” and this expression includes its successors.
b) The “Hirer” is the company, firm or person taking the owners equipment on hire and this expression includes his successors or personal representatives.
c) “Equipment” shall include any lighting, sound, film equipment, or special effect or part thereof and any attachments, leads or any other thing under this contract.
d) “Hire Rate” shall be the rate of the hire for the equipment as provided on the invoice/agreement and is subject to the provisions of these terms and conditions of hire.
2. ACCEPTANCE
a) The Hirer’s order, whether oral or in writing for the supply of equipment shall be construed as an expressed acceptance of these terms and conditions of hire, and in so far as any provision of the Hirer’s said order be consistent therewith these terms and conditions of hire shall be deemed to prevail.
b) Any variations in the contract shall be in writing.
c) The hirer warrants to the owner that no representations have been made to him concerning the equipment and in particular to the suitability for any particular purpose or for work in any particular place and that in entering into this contract the hirer does not rely on such representation and has satisfied himself independently upon all such matters and; accordingly the hirer shall seek no relief in respect of any such representation and in particular shall bring on proceedings for misrepresentation.
3. COMMENCEMENT OF HIRE
Subject to the provisions of the invoice/agreement, the owner shall supply the equipment on the collection date. The period of hire shall start on such collection. Hire charges shall commence on collection unless otherwise stated on the invoice/agreement. Responsibility for loss or damage to the equipment is accepted by the Hirer from the time the equipment is collected until it’s return to the Owner and the Owner has subsequently fully inspected said equipment to his satisfaction.
4. HIRERS LIABILITY OR LOSS OR DAMAGE
a) The Hirer accepts full responsibility to the owner for loss or damage to or destruction of the equipment suffered during the period of hire from whatever cause the same may arise and is fully responsible to the owner for the safekeeping of the equipment and its return in equal order to the owner at the end of the hire.
b) The Hirer accepts all liability and responsibility in respect of and shall completely indemnify the owner against all third party claims and losses howsoever arising in respect of damage to, or loss, or destruction of any property or in respect of the personal injury, or death of anybody in any way caused by or relating to the equipment or its use.
c) The Owner shall not be liable to the hirer in respect of any damage to, or loss, or destruction of the property of the hirer, nor in respect of the personal injury, or death of the Hirer, or his employees or contractors, or other persons in any way caused by or relating to the equipment or its use howsoever such damage, loss, destruction, injury, or death shall be caused.
5. OWNERS OBLIGATION
a) The Owner shall ensure that at the commencement of the hire the equipment shall be of sound construction and in good working order.
b) It is suggested:
i) That goods being stored in a vehicle or building fitted with alarms, the alarm must be set.
ii) Good must not be on display when stored in a vehicle, for example goods should be stored in the boot of the car.
6. PAYMENT
a) The Hirer must make payment in full via Cash, Direct Deposit, Credit Card/Debit and the card holder must be present, before equipment can be released.
b) The Hirer shall pay the Owner forthwith for all repairs and replacements to the equipment, except for repairs and replacements due to wear and tear.
7. SECURITY BOND/CREDIT CARD AUTHORISATION
a) A security deposit of $200 will be held until return of equipment. It will be used to cover incidents such as (but not limited to):
· Late return of hire.
· Equipment returned unclean, or in incorrect transporting tubs.
· Additional servicing / cleaning charges.
b) This does not cover damage or loss of equipment. Please contact us for equipment replacement costs, damage costs are based on quotes depending on the nature of the damage sustained.
8. SUBLETTING
The Hirer shall not without consent of the owner assign, sublet, mortgage, charge, pledge or part with possession of or otherwise deal with the equipment.
9. GENERAL
a) Positive proof of identity, and home address must be produced before equipment is removed from our premises.
b) It is advised that Hirer’s should check the compatibility of their own items to items hired from the Owner. The Owner accepts no responsibility for equipment that does not work in conjunction with that of the hirer.
c) One day hire is classed as a 24-hour period maximum. Any hire period over this time will incur the daily or weekly hire charge (Whichever is appropriate).
d) All goods hired on any weekend must be returned by the date and time specified on your Contract or Invoice. All Hirer’s must be over the age of 18 and be in full-time employment or study.
10. THE HIRER SHALL NOT HAVE ANY CRIMINAL CONVICTION RELATING TO DISHONESTY IN THE PREVIOUS FIVE YEARS.
11. IF ANY PART OF THESE TERMS ARE FOUND TO BE ILLEGAL OR INVALID UNDER THIS COUNTRIES LAWS, THE REMAINING PARTS WILL REMAIN VALID AND IN FULL FORCE
Terms and Conditions - Audio, Video Production & Photography
Agreeing via email to a quote, payment of deposit for the production is deemed acceptance of these terms and conditions under Victorian Law.
Customers are required to agree to the following terms and conditions before proceeding with a Project.
Any desired amendments are to be sent in written prior to the commencement of a Project for consideration.
DEFINITIONS
In these terms and conditions, unless the context otherwise requires:
Consumer means any individual who acquires Creative Kicks’s Services wholly or predominately for personal, domestic or commercial use.
Customer means any person or entity requesting Creative Kicks to provide Services.
Agreed Fee means the fees estimated by Creative Kicks in any quotation once accepted by the Customer.
Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, audio files, films, images, footage, props and equipment provided by the Customer to Creative Kicks for the purposes of Creative Kicks supplying the Services.
Raw Footage means master footage recorded by Creative Kicks as part of provision of the Services.
Services means audio, photography or video production and/or post production Services.
Project means audio, photography or video production in its entirety.
Application
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Creative Kicks with any Customer in relation to the provision of Services by Creative Kicks.
All work carried out by Creative Kicks is on the basis that the Customer has agreed to these Terms and Conditions
Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for Creative Kicks to film at a particular venue, location or event.
Artistic License
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Creative Kicks reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Creative Kicks on request.
Customer Acknowledgements
The Customer acknowledges and agrees that:
Creative Kicks will have a lien on Materials provided by the Customer; and
No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Creative Kicks will be transferred to the Customer until the Customer pays all amounts due to Creative Kicks in full.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Creative Kicks, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Creative Kicks.
The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Creative Kicks are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Creative Kicks, its employees and subcontractors.
The Customer indemnifies and holds Creative Kicks harmless from any claims or legal actions related to the content of the Customer’s Project.
Customer’s Materials
All Materials are used and stored by Creative Kicks solely at the Customer’s risk and Creative Kicks is under no obligation to insure any Materials.
Neither Creative Kicks nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;
Creative Kicks will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Creative Kicks even though such person is present during and involved with the performance of the Services; and
The Customer must retain a master copy of all materials delivered to Creative Kicks for the purpose of the Project.
Cancellation
If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Creative Kicks are not refundable. If no deposit has been paid and work has a commenced, then the client will be liable for at least 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed 50%, further payments from client may be liable.
Quotations
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Two rounds of Customer tweaks and/or revisions are included in each quotation.
If the Customer instructs Creative Kicks that significant changes and/or revisions to the scope of the Services described in a quotation are required then Creative Kicks shall be entitled to charge an additional Fees based on their standard post production/editing/or video length rate
Payment Policy
A 50% deposit is payable on acceptance of the quote. No work or concepts will be started or delivered until the deposit payment has cleared.
Balance is payable on completion and before final delivery is made, or if the client does not respond with changes or supply media for Creative Kicks to complete the Project, within 14 days after any proof has being supplied, a final balance invoice will be then be issued and due within 7 days of invoice date
Project Delays and Liability
Any estimate of the date by which Creative Kicks will complete any part of the Services is contingent upon the Customer providing complete instructions to Creative Kicks and fully cooperating with Creative Kicks until Creative Kicks has ceased providing Services to the Customer.
The Customer must appoint a person who has complete authority to provide instructions to Creative Kicks and respond to requests for feedback until Creative Kicks has ceased providing Services to the Customer.
The person appointed must be available to respond to communications from Creative Kicks on every day which is a business day in Queensland.
Creative Kicks cannot be held liable for Project delays which are caused by lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of Creative Kicks.
Sub-Contracting
Creative Kicks reserves the right to sub-contract any Services that Creative Kicks has agreed to perform for the Customer as it sees fit.
Talent/Background persons/Staff
If the Customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the Customer to obtain the necessary permissions. Creative Kicks cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the Customers expense.
Creative Kicks will at the request of the Customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.
Customer Undertakings and Warranties
The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s video. The Customer indemnifies Creative Kicks from any possible liability for the use of any Customer supplied media in the Customers Project.
Recorded Material Ownership
The Raw Footage, video files, audio files, images and edited video files including all copyright remain the property of Creative Kicks until full payment is made for the Services.
Where Services remain unpaid or in the event that a final agreed payment is not made, Creative Kicks reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Creative Kicks will remain the property of the author or legal entity owning the copyright.
Intellectual Property Raw Footage
Creative Kicks does not retain intellectual property of the video production and raw footage. Once paid for, all final edits and raw footage become the property of the Customer.
Intellectual Property Licensed Materials
Where one off licenses are paid for various materials used in the production, or if the material is from a Creative Kicks Subscription supplier, the Customer must re license the material and/or obtain permission form Creative Kicks or pay for another license if they intend to reuse the materials in another production. Creative Kicks will not be held liable for breaches in material copyright caused by the Customer.
Shot Footage
Creative Kicks will record the footage for the Project using quality cameras, audio equipment and lighting. If the Customer rejects the footage after it has been edited, unless it is an obvious mistake or poor workmanship by Creative Kicks, then a full re-shoot and editing costs will apply unless otherwise discussed.
Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, Creative Kicks reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
Raw Footage
The Customer may have Raw Footage transferred to their own supplied hard disk, the Customer must pay Creative Kicks an additional fee of $150.00 plus GST per 200GB.
Right of Refusal or Termination
Creative Kicks reserves the right to terminate the provision of Services, if:
the videographer, or any person(s) employed or contracted by Creative Kicks is placed in a position where there is an actual or apparent risk of injury; or
there is a risk that any of the equipment used may be damaged.
If Creative Kicks terminates the provision of Services then any Deposit paid by the Customer is non-refundable.
Creative Kicks may seek compensation from the Customer for any loss or damage suffered.
Limitation of Liability
The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of Services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
Except to the extent of Non-excludable Rights, Creative Kicks will not be liable for:
Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and
Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Creative Kicks in writing,
and the liability of Creative Kicks for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of Creative Kicks for a breach of a Non-excludable Right can be limited, Creative Kicks’s liability is limited, at Creative Kicks’s option, to one of the following:
The supply of the service again; or
Payment for the cost of having the Services supplied again.
Notwithstanding any other provision, Creative Kicks is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
Any increased costs or expenses;
Any loss of profit, revenue, business, contracts or anticipated savings;
Any loss or expense resulting from a claim by a third party; or
Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
Force Majeure
If Creative Kicks cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Creative Kicks’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.
Legal Costs
The Customer will be liable for any legal costs incurred by Creative Kicks in the recovery of unpaid invoices on an indemnity basis.
Privacy
All information received by Creative Kicks from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
Public Broadcast (YouTube etc)
Creative Kicks retains the right, unless instructed otherwise in writing by the Customer, to display Customers Projects on the Creative Kicks website, YouTube, Vimeo or similar public video broadcast sites. Draft videos will also be published on Vimeo or similar sites for the Customers approval, but will be published as unlisted and deleted.
Amendment
Creative Kicks reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.
Variations, Approvals and Proofing
Once the client has approved or supplied the Brief/Script/Storyboard, and deposits have been paid, Creative Kicks will commence production. After editing Creative Kicks will provide the Customer with a draft edit of the video/s for approval. The Customer must then within notify Creative Kicks within fourteen (14) days, that the video/s or part thereof is approved or list all proposed tweaks in once instance.
Once the tweaks have been made, Creative Kicks will provide the Customer with a ‘final draft’ which is to be used solely for the purpose of verifying that the supplied tweaks have been correctly implemented. If they haven’t been implemented correctly then Creative Kicks will tweak until the Customer is satisfied.
The Customer must notify Creative Kicks of any errors in the draft copy within fourteen (14) days. Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed without notice from the client, Creative Kicks may refuse to make any further tweaks and will issue the final Invoice due within 7 days
The Customer acknowledges that some tweaks or changes may not be possible.
Tweaks
Are minor adjustments to the approved script. A tweak is a slight adjustment to the video edit,
A tweak could comprise of: removing a picture or piece of video, changing an edit point, change of colour, a minor change in a title. These are usually given at no cost as long as the original approved script/ brief or storyboard is adhered to.
Changes
Changes are variances from the supplied or agreed script. Changes requested by the Customer may be liable to additional charges from Creative Kicks.
A Change is: new footage, new titles, new order of edit points, a new voice over and generally anything that is new to the supplied script/brief or story board.
Delivery Of Final Product
Creative Kicks requires payment in full before final delivery of product to client, unless other arrangements have been entered into.
Customers are required to agree to the following terms and conditions before proceeding with a Project.
Any desired amendments are to be sent in written prior to the commencement of a Project for consideration.
DEFINITIONS
In these terms and conditions, unless the context otherwise requires:
Consumer means any individual who acquires Creative Kicks’s Services wholly or predominately for personal, domestic or commercial use.
Customer means any person or entity requesting Creative Kicks to provide Services.
Agreed Fee means the fees estimated by Creative Kicks in any quotation once accepted by the Customer.
Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, audio files, films, images, footage, props and equipment provided by the Customer to Creative Kicks for the purposes of Creative Kicks supplying the Services.
Raw Footage means master footage recorded by Creative Kicks as part of provision of the Services.
Services means audio, photography or video production and/or post production Services.
Project means audio, photography or video production in its entirety.
Application
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Creative Kicks with any Customer in relation to the provision of Services by Creative Kicks.
All work carried out by Creative Kicks is on the basis that the Customer has agreed to these Terms and Conditions
Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for Creative Kicks to film at a particular venue, location or event.
Artistic License
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Creative Kicks reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Creative Kicks on request.
Customer Acknowledgements
The Customer acknowledges and agrees that:
Creative Kicks will have a lien on Materials provided by the Customer; and
No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Creative Kicks will be transferred to the Customer until the Customer pays all amounts due to Creative Kicks in full.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Creative Kicks, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Creative Kicks.
The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Creative Kicks are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Creative Kicks, its employees and subcontractors.
The Customer indemnifies and holds Creative Kicks harmless from any claims or legal actions related to the content of the Customer’s Project.
Customer’s Materials
All Materials are used and stored by Creative Kicks solely at the Customer’s risk and Creative Kicks is under no obligation to insure any Materials.
Neither Creative Kicks nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;
Creative Kicks will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Creative Kicks even though such person is present during and involved with the performance of the Services; and
The Customer must retain a master copy of all materials delivered to Creative Kicks for the purpose of the Project.
Cancellation
If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Creative Kicks are not refundable. If no deposit has been paid and work has a commenced, then the client will be liable for at least 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed 50%, further payments from client may be liable.
Quotations
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Two rounds of Customer tweaks and/or revisions are included in each quotation.
If the Customer instructs Creative Kicks that significant changes and/or revisions to the scope of the Services described in a quotation are required then Creative Kicks shall be entitled to charge an additional Fees based on their standard post production/editing/or video length rate
Payment Policy
A 50% deposit is payable on acceptance of the quote. No work or concepts will be started or delivered until the deposit payment has cleared.
Balance is payable on completion and before final delivery is made, or if the client does not respond with changes or supply media for Creative Kicks to complete the Project, within 14 days after any proof has being supplied, a final balance invoice will be then be issued and due within 7 days of invoice date
Project Delays and Liability
Any estimate of the date by which Creative Kicks will complete any part of the Services is contingent upon the Customer providing complete instructions to Creative Kicks and fully cooperating with Creative Kicks until Creative Kicks has ceased providing Services to the Customer.
The Customer must appoint a person who has complete authority to provide instructions to Creative Kicks and respond to requests for feedback until Creative Kicks has ceased providing Services to the Customer.
The person appointed must be available to respond to communications from Creative Kicks on every day which is a business day in Queensland.
Creative Kicks cannot be held liable for Project delays which are caused by lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of Creative Kicks.
Sub-Contracting
Creative Kicks reserves the right to sub-contract any Services that Creative Kicks has agreed to perform for the Customer as it sees fit.
Talent/Background persons/Staff
If the Customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the Customer to obtain the necessary permissions. Creative Kicks cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the Customers expense.
Creative Kicks will at the request of the Customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.
Customer Undertakings and Warranties
The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s video. The Customer indemnifies Creative Kicks from any possible liability for the use of any Customer supplied media in the Customers Project.
Recorded Material Ownership
The Raw Footage, video files, audio files, images and edited video files including all copyright remain the property of Creative Kicks until full payment is made for the Services.
Where Services remain unpaid or in the event that a final agreed payment is not made, Creative Kicks reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Creative Kicks will remain the property of the author or legal entity owning the copyright.
Intellectual Property Raw Footage
Creative Kicks does not retain intellectual property of the video production and raw footage. Once paid for, all final edits and raw footage become the property of the Customer.
Intellectual Property Licensed Materials
Where one off licenses are paid for various materials used in the production, or if the material is from a Creative Kicks Subscription supplier, the Customer must re license the material and/or obtain permission form Creative Kicks or pay for another license if they intend to reuse the materials in another production. Creative Kicks will not be held liable for breaches in material copyright caused by the Customer.
Shot Footage
Creative Kicks will record the footage for the Project using quality cameras, audio equipment and lighting. If the Customer rejects the footage after it has been edited, unless it is an obvious mistake or poor workmanship by Creative Kicks, then a full re-shoot and editing costs will apply unless otherwise discussed.
Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, Creative Kicks reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
Raw Footage
The Customer may have Raw Footage transferred to their own supplied hard disk, the Customer must pay Creative Kicks an additional fee of $150.00 plus GST per 200GB.
Right of Refusal or Termination
Creative Kicks reserves the right to terminate the provision of Services, if:
the videographer, or any person(s) employed or contracted by Creative Kicks is placed in a position where there is an actual or apparent risk of injury; or
there is a risk that any of the equipment used may be damaged.
If Creative Kicks terminates the provision of Services then any Deposit paid by the Customer is non-refundable.
Creative Kicks may seek compensation from the Customer for any loss or damage suffered.
Limitation of Liability
The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of Services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
Except to the extent of Non-excludable Rights, Creative Kicks will not be liable for:
Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and
Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Creative Kicks in writing,
and the liability of Creative Kicks for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of Creative Kicks for a breach of a Non-excludable Right can be limited, Creative Kicks’s liability is limited, at Creative Kicks’s option, to one of the following:
The supply of the service again; or
Payment for the cost of having the Services supplied again.
Notwithstanding any other provision, Creative Kicks is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
Any increased costs or expenses;
Any loss of profit, revenue, business, contracts or anticipated savings;
Any loss or expense resulting from a claim by a third party; or
Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
Force Majeure
If Creative Kicks cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Creative Kicks’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.
Legal Costs
The Customer will be liable for any legal costs incurred by Creative Kicks in the recovery of unpaid invoices on an indemnity basis.
Privacy
All information received by Creative Kicks from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
Public Broadcast (YouTube etc)
Creative Kicks retains the right, unless instructed otherwise in writing by the Customer, to display Customers Projects on the Creative Kicks website, YouTube, Vimeo or similar public video broadcast sites. Draft videos will also be published on Vimeo or similar sites for the Customers approval, but will be published as unlisted and deleted.
Amendment
Creative Kicks reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.
Variations, Approvals and Proofing
Once the client has approved or supplied the Brief/Script/Storyboard, and deposits have been paid, Creative Kicks will commence production. After editing Creative Kicks will provide the Customer with a draft edit of the video/s for approval. The Customer must then within notify Creative Kicks within fourteen (14) days, that the video/s or part thereof is approved or list all proposed tweaks in once instance.
Once the tweaks have been made, Creative Kicks will provide the Customer with a ‘final draft’ which is to be used solely for the purpose of verifying that the supplied tweaks have been correctly implemented. If they haven’t been implemented correctly then Creative Kicks will tweak until the Customer is satisfied.
The Customer must notify Creative Kicks of any errors in the draft copy within fourteen (14) days. Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed without notice from the client, Creative Kicks may refuse to make any further tweaks and will issue the final Invoice due within 7 days
The Customer acknowledges that some tweaks or changes may not be possible.
Tweaks
Are minor adjustments to the approved script. A tweak is a slight adjustment to the video edit,
A tweak could comprise of: removing a picture or piece of video, changing an edit point, change of colour, a minor change in a title. These are usually given at no cost as long as the original approved script/ brief or storyboard is adhered to.
Changes
Changes are variances from the supplied or agreed script. Changes requested by the Customer may be liable to additional charges from Creative Kicks.
A Change is: new footage, new titles, new order of edit points, a new voice over and generally anything that is new to the supplied script/brief or story board.
Delivery Of Final Product
Creative Kicks requires payment in full before final delivery of product to client, unless other arrangements have been entered into.
