Below are the standard terms and conditions of Tree Fern Films (TFF) 

We encourage that you (The Client) read through this document and ensure you fully understand these terms and conditions and their implications before you commence any project with TFF. Please contact us if you do not understand any of the terms and conditions in this document.

This Client Services Agreement (Agreement) is entered into and is effective as of the Agreement Date (as defined by the contract) by and between TFF and the person(s) identified as the Client of this Agreement. 

1. DEFINITIONS

The Project is the overall production described on the Agreement that the Client is specifically commissioning TFF to uphold.

Videographer refers to the operator who is producing, filming, editing and generally overseeing the Project in its entirety. There may be multiple Videographers working on the project at any time, depending on the size of the project.

Videography refers to the video production services being completed by the Videographer, outlined in the contract.

Cancellation means that the Project is cancelled by the Client and not rescheduled. In the event of cancellation, the Client will be responsible for those fees, costs and charges outlined in section 3.2 of this document.

Postponement is the rescheduling of the Project by the Client within 14 days of when production was due to commence.

2. PAYMENT TERMS. 

The Client agrees to pay a 50% deposit of the quoted amount to secure the booking, within 7 days of the agreement. TFF has no obligation to commence work on the Project until the deposit has been paid.

The Client’s failure to pay the deposit shall be deemed a material breach of this Agreement, and will result in damages to TFF. Our production team will thus not be obliged to perform any services going forward for the Client under this Agreement, until the deposit is paid in full.

Agreement to work with, and submission of signed contract and payment of deposit to TFF constitutes agreement to these terms and conditions.

2.1 DEPOSIT 

The retainer fee (50% deposit) described on this Agreement reserves the Videography services for the Project on the agreed date and time, and at the location(s) outlined in the contract.

The deposit is due and payable when the Client signs the Agreement and/or within 7 days. The deposit is non-refundable unless cancellation is made more than 60 days prior to the commencement of the Project, as outlined in section 3.2.

2.2 FINAL PAYMENT

The final payment outlined in the invoice is due and payable no more than 14 days after the completion date of the Project.

3. CHANGES TO PRODUCTION SCHEDULE

The Client acknowledges that in the event that the Client must cancel or postpone the commencement of the Project, TFF will suffer a loss. The Client will notify TFF of these changes as soon as possible in order to minimise this loss.

3.1 POSTPONEMENT

If there is a Postponement within 14 days of when filming was due to commence, TFF and the Client agree that the Client shall pay 25% of the production phase fee to TFF which represents a compromise portion of the actual damages sustained by TFF due to the Postponement. This payment must be made within 14 days of any Postponement. This sum shall be in addition to the deposit and final payment.

3.2 CANCELLATION

If a cancellation is made by the Client that is less than 14 days from the commencement date of the Project, TFF and the Client agree that the Client shall be liable to pay TFF 25% of the total project cost above the deposit fee (75% of the total project estimate). This must be paid within 14 days of the cancellation notice. 

If a cancellation is made by the Client that is less than 30 days from the commencement date of the Project, TFF and the Client agree that the 50% deposit fee retained upfront will not be refunded to the Client.

If a cancellation is made by the Client more than 30 days, but less than 60 days from the commencement date of the project, 50% of the deposit retained will be refunded to the client (25% of the total project estimate).

If a cancellation is made by the Client more than 60 days prior to the commencement date of the Project, the Client’s 50% deposit retained upfront will be refunded to the Client in full.  

3.3. COLLECTION. 

In the event that TFF is required to file legal proceedings to recover fees from the Client pursuant to this Agreement, or to otherwise enforce this Agreement, then TFF shall be entitled to recover all cost and expenses incurred by TFF in relation to such legal proceedings, including an award of reasonable legal costs.

4. LIMITS OF LIABILITY. 

TFF takes pride in and respects the development and delivery of all content. However, in the unlikely event that TFF fails to comply with the terms of this Agreement due to unforeseen circumstances, which prevents the delivery of the Project, TFF liability to the Client shall be limited solely to a refund of all money paid by the Client to TFF. The Client’s sole remedy shall be receiving a refund of all money paid by the Client to TFF.

5. COPYRIGHTS.

The Videography and related work created by TFF throughout the Project constitutes the copyrighted work of TFF. This work at all times shall remain the property of TFF.

Any portion of the work delivered to the Client is for the Client’s direct use only. The Client may not sell or reproduce, nor authorise the sale or reproduction of, any portion of the Project without TFF’s written consent. The Client may not use or distribute any portion of the work until final payment has been processed by TFF. 

5.1 RAW FOOTAGE

TFF does not distribute any un-edited/raw footage and it remains solely the property of TFF. If in the event that the client wishes to request any of the un-edited footage, a price will be determined by TFF based on the amount of footage requested, and agreed on by TFF and the Client.

6. MODEL RELEASE. 

The Client consents that TFF owns all rights to the content captured on the project and thus TFF may use it at their discretion. TFF may use any portion of the project for display, publication, or other promotional uses without payment of additional compensation or royalties to the Client.

6.1 CONSENT FOR UNDER 18

TFF Crew members hold an up to date Working with Children’s check. Any person’s under the age of 18 must have written consent to be filmed, from a parent or guardian and must be accompanied by an adult while on set.

7. LOCATION COSTS & FEES. 

If there are any costs/fees associated with the location the Client has chosen for their session, the Client will be responsible for those fees. 

TFF covers travel within one hour from our office in Manly, NSW. Any location outside of these limits will be subject to an additional charge of $50/hour/crew member (or parts thereof) as part of the Agreement unless otherwise discussed. The Client will be responsible for any additional travel related fees, including (but not limited to) parking, tolls, etc. 

8. COVERAGE. 

The client agrees to pay any additional filming, editing and/or production costs and fees to TFF that are outside of the original scope of work quoted for. These additional costs and fees will be communicated to the client before they are undertaken. These additional costs and fees will be reflected in the final invoice.  

9. EQUIPMENT & DIGITAL FILES. 

TFF will not be liable for the following event should they inhibit or prevent completion of this project in whole or in part. Although all equipment is checked and tested regularly and reasonable steps are taken to ensure backup equipment is available, the Videographer will not be responsible for video content that is not produced due to technical failure.

This includes: The effect of the weather or unknown environmental conditions. Damage or theft incurred to any or all equipment owned or used by TFF where they have upheld responsible preventative measures.  Damage or injury to any person(s) that recklessly or neglectfully interferes with any equipment owned by TFF. Loss or damaged digital files in transit or during production where they have upheld responsible preventative measures.

9.1 DRONE

TFF operates under the ‘Sub 2kg’ Excluded Category for flying drones, as per the Australian Government’s Civil Aviation Safety Authority (CASA).

The safety of all our crew members and the Client working on the Project is paramount and thus drone videography is fully subject to the conditions on the day of filming. A full safety check of the area will be performed by the drone operator and the work will commence only when the area has been deemed safe to do so. If the conditions on the day are not deemed suitable to fly, the client will be charged a call-out fee only of $150, if the sole purpose of the work that day was drone videography only. If the Videographer is also required to film content on the ground that day, no call out fee will apply and the regular Videography can proceed. The Client will not incur any extra fees to reschedule another time for drone videography if the area is deemed unsafe to fly on the original date of filming.

TFF has the right to choose not to fly on the day if the drone operator believes the conditions and/or surroundings are unsafe or not suitable.

Unless agreed otherwise, it is the sole responsibility of the Client to obtain permits for flying drones in areas necessary (eg. Parks, Construction sites etc.) prior to the filming day. 

10. DELIVERABLE ITEMS. 

The Client will receive the first draft of each video which includes one round of changes per video. The Client must then provide one list of all feedback from all stakeholders involved to TFF, so amendments can be made in one session. Any changes after this will be considered additional work that is outside of the original scope of work. This will incur additional fees per hour of work and will be reflected in the final invoice. All feedback must be supplied within 14 days of the client receiving the draft video, and the changes will be made within 7 days. Files will be supplied to the client via a downloadable URL. TFF can host the final videos for use by the client on our business Vimeo account for an additional fee. 

11. RUSH FEE

If the turnaround time for a final edit is 7 days or less, a rush fee of 50% will be applied to the final invoice.

12. JURISDICTION & VENUE. 

This Agreement shall be construed according to the laws of the State of New South Wales and the Client and TFF agree that the proper venue for any legal proceedings related to this Agreement is in the State of New South Wales.

13. DISCLAIMER

Videography is a creative and subjective service. As such, Tree Fern Films take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, TFF cannot be held responsible for disparities between expectation and outcome.