Terms of service.

Definitions

  • In these video production terms & conditions, unless the context otherwise requires:

  • Consumer means any individual who acquires Le Creative Productions’s services wholly or predominately for personal, domestic or commercial use.

  • Customer means any person or entity requesting Le Creative Productions to provide Services.

  • Agreed Fee means the fees estimated by Le Creative Productions 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, films, footage, props and equipment provided by the Customer to Le Creative Productions for the purposes of Le Creative Productions supplying the Services.

  • Raw Footage means master footage recorded by Le Creative Productions as part of provision of the Services.

  • Services means video production and/or post production services.

  • Project means video production in its entirety.

    Application

  • These video production terms & condition apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Le Creative Productions with any Customer in relation to the provision of Services by Le Creative Productions.

  • All work carried out by Le Creative Productions 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 Le Creative Productions 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. Le Creative Productions 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 Le Creative Productions on request.

    Customer Acknowledgements

  • The Customer acknowledges and agrees that:

  • Le Creative Productions 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 Le Creative Productions will be transferred to the Customer until the Customer pays all amounts due to Le Creative Productions in full.

  • The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Le Creative Productions, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Le Creative Productions.

  • The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Le Creative Productions 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 Le Creative Productions, its employees and subcontractors.

  • The Customer indemnifies and holds Le Creative Productions harmless from any claims or legal actions related to the content of the Customer’s video.

    Customer’s Materials

  • All Materials are used and stored by Le Creative Productions solely at the Customer’s risk and Le Creative Productions is under no obligation to insure any Materials.

  • Neither Le Creative Productions 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;

  • Le Creative Productions 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 Le Creative Productions 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 Le Creative Productions for the purpose of the Video.

    Project Delays and Liability

  • Any estimate of the date by which Le Creative Productions will complete any part of the Services is contingent upon the Customer providing complete instructions to Le Creative Productions and fully cooperating with Le Creative Productions until Le Creative Productions has ceased providing Services to the Customer.

  • The Customer must appoint a person who has complete authority to provide instructions to Le Creative Productions and respond to requests for feedback until Le Creative Productions has ceased providing Services to the Customer.

  • The person appointed must be available to respond to communications from Le Creative Productions on every day which is a business day in Queensland.

  • Le Creative Productions 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 Le Creative Productions.

    Sub-Contracting

  • Le Creative Productions reserves the right to sub-contract any Services that Le Creative Productions 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. Le Creative Productions 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.

  • Le Creative Productions 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 Le Creative Productions from any possible liability for the use of any customer supplied media in the Customers video.

    Recorded Material Ownership

  • The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Le Creative Productions until full payment is made for the Services.

  • Where Services remain unpaid or in the event that a final agreed payment is not made, Le Creative Productions 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 Le Creative Productions will remain the property of the author or legal entity owning the copyright.

    Intellectual Property Raw Footage

  • Le Creative Productions 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 Le Creative Productions Subscription supplier, the customer must re license the material and/or obtain permission form Le Creative Productions or pay for another license if they intend to reuse the materials in another production. Le Creative Productions will not be held liable for breaches in material copyright caused by the customer.

    Shot Footage

  • Le Creative Productions will record the video footage for the project using quality cameras and lighting. If the Customer rejects the footage after it has been edited, unless it is an obvious mistake or poor workmanship by Le Creative Productions, then a full re-shoot and editing costs will apply.

    Special Provisions for Anomalous Footage

  • Le Creative Productions reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Le Creative Productions.

  • Le Creative Productions has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Le Creative Productions and the Customer. The copyright of such segments will belong exclusively to Le Creative Productions.

    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, Le Creative Productions 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 at an additional cost.

    Failure of Equipment or illness of Le Creative Productions employees and contractors

  • Whilst all reasonable care and preparation is taken for videography and editing, Le Creative Productions 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 Le Creative Productions or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

    Right of Refusal or Termination

  • Le Creative Productions reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Le Creative Productions 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 Le Creative Productions terminates the provision of Services then any Deposit paid by the Customer is non-refundable.

  • Le Creative Productions 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, Le Creative Productions 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 CVP in writing,

  • and the liability of Le Creative Productions for any such matters is hereby excluded.

  • Where (and to the extent) permitted by law the liability of Le Creative Productions for a breach of a Non-excludable Right can be limited, Le Creative Productions’s liability is limited, at Le Creative Productions’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, Le Creative Productions 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 Le Creative Productions 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 Le Creative Productions’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 Le Creative Productions in the recovery of unpaid invoices on an indemnity basis.

    Privacy

  • All information received by Le Creative Productions 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)

  • Le Creative Productions retains the right, unless instructed otherwise in writing by the Customer, to display Customers videos on the Le Creative Productions website, YouTube, Vimeo or similar public video broadcast sites. Draft videos will also be published on YouTube or similar sites for the Customers approval but will be published as unlisted and deleted.

    Amendment

  • Le Creative Productions 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, Le Creative Productions will commence production. After editing Le Creative Productions will provide the customer with a draft edit of the video/s for approval. The Customer must then within notify Le Creative Productions 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, Le Creative Productions 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 Le Creative Productions will tweak until the customer is satisfied.

  • The Customer must notify Le Creative Productions 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, Le Creative Productions 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 Le Creative Productions.

  • 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.

    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 Le Creative Productions that significant changes and/or revisions to the scope of the Services described in a quotation are required then Le Creative Productions 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 Le Creative Productions 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

    Delivery Of Final Product

  • Le Creative Productions requires payment in full before final delivery of product to client, unless other arrangements have been entered into.

    Cancellation

  • If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Le Creative Productions 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.