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    Terms & Conditions

    1. DEFINITIONS
     

    For the purpose of this agreement, the "CLIENT" refers to the individual or entity engaging the services of MotionScape for content creation, and "COMPANY" refers to MotionScape, its representatives, employees, successors and permitted assignees.

    2. "CONTENT" refers to all visual material provided by the Photographer, including but not limited to footage, edited clips, digital files, or any other format.
     

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    2. AGREEMENTS
     

    This agreement constitutes the entire agreement between the parties with respect to the subject matter. No alteration, modification or variation of this agreement shall be valid or binding unless in writing and signed by both parties.
     

     

    3. NO ALTERATION
     

    No alteration or manipulation of the CONTENT may be made without the permission of the Photographer.
     

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    4. CLIENTS MATERIALS
     

    The CLIENT accepts full responsibility for any materials they supply for use in the CONTENT and that the materials so supplied are insured against loss, damage or liability.
     

     

    5. INDEMNITY
     

    The Photographer shall not be liable for any legal action, claim or damages resulting from or arising our of the publication of the CONTENT or any other use by the CLIENT. The CLIENT shall indemnify the Photographer against any claims and/or damages against him including reasonable counsel fees arising from the CLIENT'S use of the CONTENT and the Photographer's use of the materials on the instructions of the CLIENT.
     

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    6. PAYMENT
     

    The CLIENT shall pay all expenses within the timeframe indicated on invoices. The COMPANY can delay production if the invoice doesn't get paid in a timely manner.
     

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    7. RESPONSIBILITY OF THE COMPANY
     

    The photo and video production contains the following services taken care by the COMPANY:

    • Pre-Production: project coordination, organiSation of crew, administration work and development of ideas.

    • • Production: shoot include crew and equipment.

    • Post-Production: Edit, sound design, colour grading and export.

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    8. RESPONSIBILITY OF THE CLIENT
     

    The CLIENT acknowledges the responsibility for the following:

    • Final feedback within 3 business days

    • Pay all invoices on time

    • Ensure set and talent is ready for the shoot.

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    9. OWNERSHIP AND USE OF VIDEO AND RAW DATA

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    9.1 Final Video Ownership

    The CLIENT will own the final edited video and may use it for their own company without spatial or temporal limitation, provided all invoices are paid in full. Ownership of the final video transfers only upon full payment. Until that time, the COMPANY retains ownership of the final video.

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    9.2 Raw Footage and Project Files

    Any request for ownership of the Raw Materials will be assessed on a case-by-case basis and may incur an additional fee reflective of the scope of the project, volume of footage, and associated costs, plus the cost of the hard drive or transfer medium.


    9.3 COMPANY Marketing Licence
    The CLIENT grants the COMPANY a perpetual, non-exclusive, royalty-free licence to use and publish the final edited video for the COMPANY’s marketing and promotional purposes.

    This licence does not extend to any raw footage, source files, or project files (“Raw Materials”), unless otherwise agreed in writing.

     

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    10. DATA BACKUPS
     

    The COMPANY will retain a secure backup of the raw footage and project files (“Raw Materials”) for a period of 12 months from project completion. This backup is maintained to enable any agreed post-completion changes or revisions.
     

    After this period, the CLIENT may request an extension of the backup service for a fee of $200 AUD per year, subject to written agreement. The COMPANY makes no guarantee that Raw Materials will be retained beyond the initial 12-month period unless such an extension is agreed upon.

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    11. REVISION ROUNDS
     

    The CLIENT has two (2) rounds of revisions included in the total project budget. These two revision rounds are structured as follows:

     

    Revision Round 1
    The CLIENT may provide consolidated feedback on the initial delivered edit, provided such feedback is consistent with the agreed project brief, concept and scope.

     

    Revision Round 2
    The CLIENT may provide feedback solely on the changes made in response to Revision Round 1.

     

    Any additional revisions, or requests that fall outside the agreed project scope or were not raised in Revision Round 1, may be treated as additional work and the COMPANY has the right to charge the CLIENT for the additional work.

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    12. CANCELLATION AND POSTPONEMENTS
     

    12.1 Cancellation

    If the CLIENT cancels the project, the CLIENT is responsible for payment of all expenses and work completed up to the time of cancellation. In addition, the COMPANY may, at its discretion, charge a cancellation fee equal to 30% of the agreed project fee. If notice of cancellation is provided less than 24 hours before the scheduled shoot date, the CLIENT will be charged 100% of the agreed project fee.

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    12.2 Postponements Due to Weather

    The following applies to ordinary and foreseeable weather conditions that affect the scheduled shoot but do not prevent performance under this agreement:

    • A postponement due to weather conditions on location will incur a fee of 30% of the agreed project fee; and

    • A postponement due to weather conditions prior to departure to the location will incur a fee of 15% of the agreed project fee.

     

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    13. FORCE MAJEURE

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    This clause applies to extraordinary events that make performance of this agreement impossible, unsafe, or unlawful, and which are beyond the reasonable control of the affected party. Such events include, but are not limited to, extreme weather events, natural disasters, serious illness, government restrictions, acts of war, or failure of essential transport or utilities.

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    Where a force majeure event occurs:

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    • Neither the COMPANY nor the CLIENT will be liable for any failure or delay in performing their obligations under this agreement;

    • The affected party must notify the other party as soon as practicable; and

    • Both parties will work together in good faith to reschedule or otherwise mitigate the impact of the event.

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    N.B. Force majeure events do not trigger the weather postponement fees in clause 12.2.

     

    14. PRIVACY AND CONFIDENTIALITY

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    The COMPANY will treat as confidential all material and information communicated by the CLIENT in confidence and will not disclose such material or information to any third party or use it for any purpose other than as reasonably necessary to perform the services under this agreement, unless required by law or otherwise agreed in writing.

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