In these terms and conditions, unless the context otherwise requires:
1.1 Consumer means any individual who acquires Wild Honey Production services wholly or predominantly for personal, domestic or commercial use.
1.2 Customer means any person or entity requesting Wild Honey Production to provide Services.
1.3 Wild Honey Production (ABN: 94 504 741 746) Brisbane, QLD, AUS.
1.4 Agreed Fee means the fees estimated by Wild Honey Production in any quotation once accepted by the Customer.
1.5 Materials means any goods, items or things, including but not limited to any photographs, documents (whether digital or hard copy), videos, films, footage, props and equipment provided by the Customer to Wild Honey Production for the purposes of Wild Honey Production supplying the Services.
1.6 Raw Footage means master footage recorded by Wild Honey Production as part of provision of the Services.
1.7 Services means video pre-production, production and/or post production services.
2. APPLICATION
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Wild Honey Production with any Customer in relation to the provision of Services by Wild Honey Production. All work carried out by Wild Honey Production is on the basis that the Customer has agreed to these Terms and Conditions.
3. DEPOSITS
All work requires a 50% upfront payment, payable by EFT before any meetings, concepts, ideas or dates are discussed. Balance is due 14 days prior to the agreed booking date. If balance is not completed within 14 days of the agreed booking date Wild Honey Production has the right to cancel booking and deposit will be forfeited.
4. LATE PAYMENT FEES AND LEGAL COSTS
All prices quoted are final unless otherwise stated, strictly payable as per the terms on the front of the quote or invoice. The Customer will be liable for any legal costs incurred by Wild Honey Production in the recovery of unpaid invoices on an indemnity basis.
5. FILMING ON LOCATION & EDITING
A day of filming includes up to 2 hours of travel (from Brisbane, QLD to the location and back). Agreed Filming/Shooting & Editing hours are marked clearly on quote and/or invoice. Additional travel or overtime starts after the agreed hours and is calculated at 150% of our current hourly rate. Our production time starts from the moment our vehicle arrives in your area (e.g. if access to parking in your area takes 30 minutes, that time is considered production time).
6. VENUE LOCATION FEES & PERMISSIONS
Scouting, booking or hire of venue or location is NOT included in any Wild Honey Production service. Unless otherwise agreed in writing, The Customer must obtain any necessary consent or permission and pay any fees which may apply for Wild Honey Production to film at a particular venue, location or event.
7. NON WILD HONEY PRODUCTION ACTORS/STAFF AND VOLUNTEERS
The pricing and quotes of Wild Honey Production does NOT include the hiring and/or booking of any services outside of Wild Honey Production including other businesses, actors or organisation of volunteers. It is the responsibility of the customer to hire and be liable for any of the actions of any members outside of the Wild Honey Production staff or subcontractors. Wild Honey Production may be able to arrange additional staff or actors/actresses at a cost of $100 per hour. Any damage to equipment caused by any Non Wild Honey Production employees will be charged to customer/s.
8. RIGHT OF REFUSAL OR TERMINATION
Wild Honey Production reserves the right to terminate the provision of Services, if:
8.1 The camera operator/s ,or any person(s)employed or contracted by Wild Honey Production is placed in a position where there is an actual or apparent risk of injury; or
8.2 The camera operator/s ,or any person(s)employed or contracted by Wild Honey Production is threatened, made uncomfortable, disrespected, or mistreated; or
8.3 There is a risk that any of the equipment used may be damaged.
If Wild Honey Production terminates the provision of Services then any Deposit or Payments paid by the Customer is non-refundable. Wild Honey Production may seek compensation from the Customer for any loss or damage suffered.
9. CANCELLATION OF SERVICES
If the Customer has engaged and confirmed Wild Honey Production the Customer may notify Wild Honey Production of cancellation in writing.
9.1 If the cancellation is made any time after engaging Wild Honey Production in an agreed service, the client forfeits any deposits or payments paid.
9.2 If the cancellation is made less than 14 days prior to the day on which Wild Honey Production has been booked to provide the Services, the Customer must reimburse Wild Honey Production for any expenses incurred by Wild Honey Production in preparation for provision of the Services.
9.3 If the cancellation is made within 48 hours prior to the day on which Wild Honey Production has been engaged to provide the Services, deposit, final payment and/or any other payments are forfeited.
9.4 If the cancellation is made while Wild Honey Production is providing Services to the Customer the deposit, final payment and/or any other payments are forfeited.
10. POST PRODUCTION AMENDMENTS
A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of 2 rounds of amendments applies.
Wild Honey Production will provide the Customer with ‘version one (1)’ of an initial edited video file. The Customer must notify Wild Honey Production of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments.
Once the proposed changes have been made, Wild Honey Production will provide the Customer with the ‘version two (2)’. The Customer must notify Wild Honey Production of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round two (2)’ of amendments.
Once the proposed changes have been made, Wild Honey Production will provide the Customer with the final version/s in the agreed format. Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable post production hourly rate and added to the final invoice. Please be aware each round of amendments (even for a short sequence) takes a considerable amount of time to check, render & upload for review.
11. ARTISTIC LICENSE
The Customer acknowledges and agrees that the production of finished works may include elements of artistic expression and interpretation. Wild Honey Production 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 Wild Honey Production on request (see ‘post production amendments’ above)
12. YOUR RESPONSIBILITIES
You must do all things reasonably necessary, and supply Wild Honey Production in a timely fashion with all materials reasonably required by Wild Honey Production, in order for Wild Honey Production to perform the services. This may include without limitation supplying copy, photographs and other visual or audio- visual material, and if required, performing sub-editing and copywriting.
Without limiting Wild Honey Production rights under this agreement, if Wild Honey Production is unable to complete any services because of your actions or omissions, or if you Wild Honey Production to cease or postpone any work, Wild Honey Production may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.
Wild Honey Production accepts no responsibility for errors that you do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which you or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by you after sign-off.
13. QUOTES & ESTIMATES
All efforts are put into providing accurate quotes & estimates for photo & video productions. Some photo or video productions, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) weather, venue availability etc. In the event additional costs are required, we will advise you as soon as possible. Wild Honey Production takes no responsibility for extra costs due to reasons outside of their control. It will be assumed and accepted by The Customer that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.
14. OUT-OF-POCKET EXPENSES
All reasonable disbursements and out-of-pocket expenses (such as parking) incurred by Wild Honey Production in connection with the relevant work are added to the fees payable by Wild Honey Production and must be paid by you – i.e. we add these to the final invoice and are NOT included in the quotation. Without limiting the foregoing, any estimates provided by Wild Honey Production for any stage of work will, unless expressly stated to the contrary, include an estimate of any reasonably foreseeable disbursements and expenses.
15. RAW FOOTAGE
If the Customer requires any Raw Footage to be provided, then the Customer must pay Wild Honey Production an additional agreed fee to obtain full ownership and copyright of the footage and/or photo’s captured by Wild Honey Production. Transfer of ownership and copyright must be agreed upon prior to commence of work. Wild Honey Production has full rights to decline transfer of ownership.
16. OWNERSHIP
The raw footage is not provided to the Customer unless agreed otherwise in writing. The Lightroom, Photoshop, Final Cut, are Wild Honey Production’ intellectual property and are not supplied.
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Wild Honey Production unless purchase and transfer of rights have been agreed. Where Services remain unpaid or in the event that a final agreed payment is not made, Wild Honey Production 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 provided by customer/s used by Wild Honey Production will remain the property of the author or legal entity owning the copyright.
17. TERMS OF USE OF VIDEO BY WILD HONEY PRODUCTION
Unless otherwise specified in writing, Wild Honey Production reserves the right to use the raw footage and final edit(s) for their own marketing purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.
18. PRIVACY
All information received by Wild Honey Production 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. Wild Honey Production takes no responsibility for any information, cloud documents and files shared by any non Wild Honey Production employee.
19. DELIVERY OF PRODUCT/S
Wild Honey Production uses Google Drive or other Cloud Storage based software to deliver all drafts, products and finals. Postage & handling can be arranged at the cost and time of Wild Honey Production. Wild Honey Production takes no responsibility for items lost in the mail. It is the responsibility of The Customer to request additional postage services, such as insurance and/or registered post.
20. CUSTOMER’S MATERIALS
All Materials are used and stored by Wild Honey Production solely at the Customer’s risk and Wild Honey Production is under no obligation to insure any Materials. Neither Wild Honey Production nor any of its officers, employees, agents or subcontractors 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; Wild Honey Production 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 Wild Honey Production even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of each and every recording delivered to Wild Honey Production for the purposes of the Contract.
21. BACKUPS/STORAGE
Final product/s will be delivered and stored via Google Drive for up to three (3) months after completion. Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months on a hard drive and will then be disposed of, deleted or erased. It is the client's responsibility to backup and/or store product/s once final versions/packages or product/s has been finalised and delivered.
22. STAGNATING PROJECTS
Any estimate of the date by which Wild Honey Production will complete any part of the Services is contingent upon the Customer providing complete instructions to Wild Honey Production and fully cooperating with Wild Honey Production until Wild Honey Production has ceased providing Services to the Customer. The Customer must appoint a person who has complete authority to provide instructions to Wild Honey Production and respond to requests for feedback until Wild Honey Production has ceased providing Services to the Customer. The person appointed must be available to respond to communications and any lack of communication from the client that may interrupt the estimated date of completion is the responsibility of the client.
After 1 month of inactivity from the Customer, Wild Honey Production may invoice for file storage, at a cost of $150 +gst per 500Gb (or part thereof), per month of inactivity (or part thereof). Projects that do not progress due to a lack of activity from The Customer will be disposed of, deleted or erased after (3) months of inactivity or non-payment of file storage fees on the first invoice due date.
23. FAILURE OF EQUIPMENT OR ILLNESS OF WILD HONEY PRODUCTION EMPLOYEES AND CONTRACTORS
Whilst all reasonable care and preparation is taken for Videography, Photography and Editing, Wild Honey Production 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 health or illness of the operators or person(s) employed or engaged by Wild Honey Production or because of an unforeseen event.
24. FORCE MAJEURE
If Wild Honey Production cannot carry out an obligation under the Contract 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, labor dispute or shortage, act or omission of any third person or public authority, then Wild Honey Production’s obligations under the Contract will be suspended for the duration of the event. If for any reason being of a Wild Honey Production employee or reasons listed above bookings will be credited.
Note As the Wild Honey Production team works many hours creating story boards, having meetings, discussing ideas and/or all other forms of duties and services Wild Honey Production does not offer refunds.
25. SUB-CONTRACTING
Wild Honey Production reserves the right to subcontract any Services that Wild Honey Production has agreed to perform for the Customer as it sees fit.
26. CUSTOMER ACKNOWLEDGEMENTS
The Customer acknowledges and agrees that: Wild Honey Production 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 Wild Honey Production will be transferred to the Customer until the Customer pays all amounts due to Wild Honey Production in full. The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Wild Honey Production, the Customer may receive drafts or finished works, but has no entitlement to the working files of Wild Honey Production. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Wild Honey Production 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 Wild Honey Production, its employees and subcontractors.
27. 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 video. The Customer indemnifies and holds Wild Honey Production harmless from any claims or legal actions related to the content of the Customer’s video. The Customer hereby indemnifies Wild Honey Production against all loss, damage, costs or expenses suffered or incurred by Wild Honey Production.
28. SPECIAL PROVISIONS FOR OWNERSHIP
Wild Honey Production 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 Wild Honey Production. Wild Honey Production 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 Wild Honey Production and the Customer. The copyright of such segments will belong exclusively to Wild Honey Production.
29. 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, Wild Honey Production will not be liable for:
29.1 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
29.2 Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Wild Honey Production in writing, and
29.3 The liability of Wild Honey Production for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of Wild Honey Production for a breach of a Non-excludable Right can be limited, Wild Honey Production’s liability is limited to one of the following:
29.4 The supply of the service again;or
29.5 Payment for the cost of having the services supplied again.
Wild Honey Production 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:
29.6 Any increased costs or expenses;
30. OTHER MATTERS WHICH AFFECT THE CONTRACT
The laws of Australia apply to the Contract and the Customer must bring any proceedings against Wild Honey Production in a Queensland Court. If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable. Wild Honey Production is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for Wild Honey Production.
