Terms and Conditions
Copyright. The Copyright of all material that has been captured by Lightworks Productions Pty Ltd is solely owned by Lightworks Productions Pty Ltd.
Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client. This will be clearly specified in your written quotation.
In both circumstances, Lightworks Productions Pty Ltd reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes.
Copyright (material provided by the client). In the event of the Client providing material (video, audio, photographs, logos, etc.) for inclusion into a Lightworks Productions Pty Ltd production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Lightworks Productions Pty Ltd to use this material the copyright must be explicitly transferred to Lightworks Productions Pty Ltd, or the material to be provided to Lightworks Productions Pty Ltd totally free of charge and the client will have to indemnify Lightworks Productions Pty Ltd against any further possible claims, disputes, expenses or similar that may arise for a third party concerning the usages of such material.
Lightworks Productions Pty Ltd will reserve the right to use the final production in full or part content for promotional purposes.
Performers Release Usage. At all times Lightworks Productions Pty Ltd advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Lightworks Productions Pty Ltd if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
Payment Terms. 50% of the total project cost is required a minimum of 7 days before the project will be green lit by Lightworks Productions Pty Ltd by way of deposit. On completion and delivery of the project a settlement invoice will be generated. The deposit is non-refundable. Our settlement payment terms are strictly 21 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Lightworks Productions Pty Ltd reserve the right to add an accumulative percentage on late payments as dictated under the Australian /UK government late payments scheme.
Approval / amendments of draft footage (1 set of minor amendments). On the majority of projects, a ‘draft’ version of the production will be forwarded to the Client for their review. This draft may receive minor revisions only, which is included in the original agreed cost. A major re-edit will incur an additional daily rate of $400/£200.00 per part day or part thereof.
Health and Safety. In all instances of Lightworks Productions Pty Ltd will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
Lightworks Productions Pty Ltd will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
Insurance’s (people, equipment, etc.). Lightworks Productions Pty Ltd carries public liability insurance cover of $10 million dollars. Upgraded specific project insurance over can be provided if required upon request.
Bad weather. In the event of inclement weather, Lightworks Productions Pty Ltd reserves the right to change the dates of filming to a more suitable day Lightworks Productions Pty Ltd will not allow the safety of the equipment or personnel to be compromised.
Aborting filming (on shoot day) or re shooting due to clients lack of organisation. In the event of filming being delayed or aborted due to a lack of organisation from the Client, Lightworks Productions Pty Ltd reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
Changing filming dates. In the event of the Client wishing to change the filming date we insist on a minimum of 1 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred
Equipment substitution / failure. In the unlikely event that Lightworks Productions Pty Ltd experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the senior member of the film crew.
No further claims or liability will be accepted. Works specified (as per estimate)
All works undertaken will be as per Lightworks Productions Pty Ltd written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at daily rates.
Clear access for filming. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Lightworks Productions Pty Ltd has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
All Terms and Conditions stated within this document are deemed acceptable to the client upon receipt of a written order.
All Terms and Conditions stated within this document override any Terms and Conditions from the client.