1. About these Terms

1.1 These Terms and Conditions apply to all photography, videography, editing, production, post-production, content creation and related services supplied by Good Visuals Media (“we”, “us”, “our”) to the client (“you”, “your”).

1.2 These Terms apply together with any quote, proposal, scope of work, invoice, production brief, call sheet, email confirmation, project schedule or other written document issued or accepted by us in relation to the services.

1.3 By accepting a quote, approving a proposal, paying a deposit, instructing us to commence work, confirming a booking, or otherwise engaging our services, you agree to be bound by these Terms.

1.4 If there is any inconsistency between these Terms and a quote, proposal or signed agreement, the order of precedence will be:
(a) any signed agreement;
(b) the accepted quote or proposal;
(c) these Terms.

1.5 Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law. Services supplied to consumers carry statutory guarantees, including due care and skill, fitness for disclosed purpose, and supply within a reasonable time where no time is agreed.

2. Services and Scope

2.1 We will provide the services described in the accepted quote or proposal.

2.2 The scope of services is strictly limited to the deliverables, shoot duration, locations, dates, personnel, equipment, editing inclusions, output formats, revision rounds and usage rights expressly stated in writing.

2.3 Unless expressly included in writing, the following are excluded and may incur additional fees:
(a) extra shoot hours;
(b) extra crew or assistants;
(c) hair, makeup, wardrobe or styling;
(d) scriptwriting or creative development beyond the agreed scope;
(e) location scouting;
(f) travel, parking, tolls, accommodation or freight;
(g) props, set design or talent sourcing;
(h) drone operations;
(i) voiceover, actors, presenters, models or extras;
(j) music licensing;
(k) advanced retouching, visual effects, sound mixing or animation;
(l) platform-specific re-exports or reformatting;
(m) raw footage or unedited files;
(n) reshoots not caused by our breach.

2.4 Any request outside the agreed scope is a variation and is not included in the original price unless we confirm otherwise in writing.

2.5 We may refuse out-of-scope work until variation pricing, timing and availability are agreed.

3. Quotes, Pricing and Booking

3.1 Quotes are valid for 14 days unless otherwise stated.

3.2 Pricing is based on the information available at the time of quoting. If the project scope, timeline, access conditions, client requirements, locations or production complexity changes, we may revise the quote.

3.3 A booking is not confirmed until:
(a) the quote or proposal is accepted in writing; and
(b) the required deposit or booking fee has been paid in cleared funds.

3.4 We are not obliged to hold dates, crew, studio time or production capacity until the booking is confirmed.

3.5 We reserve the right to decline work that is unsafe, unlawful, offensive, impossible to perform, or outside our operational capacity.

4. Deposit, Fees and Payment Terms

4.1 Unless otherwise stated in writing, the following payment structure applies:
(a) 50% non-refundable booking deposit to secure the date and production time;
(b) remaining balance due in accordance with the quote, invoice or milestone schedule.

4.2 For larger or staged projects, we may require:
(a) a booking deposit;
(b) progress payments at specified milestones; and/or
(c) final payment before release of final deliverables.

4.3 Invoices must be paid within 7 days of issue unless a different period is stated on the invoice.

4.4 For commercial and corporate clients, where approved by us in writing, payment terms may be 14 days from invoice date. We are not required to offer 14-day terms.

4.5 If a project extends over multiple days, weeks or production phases, we may issue progress invoices during the project.

4.6 Unless otherwise agreed in writing:
(a) no final edited files, high-resolution images, final videos, masters, project files, usage licences, transfer files or downloadable gallery access will be released until all outstanding invoices are paid in full;
(b) preview files may be watermarked or low resolution until final payment is received.

4.7 All prices are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

4.8 You are responsible for all bank fees, international transfer fees, payment platform charges or similar transaction costs unless otherwise agreed.

5. Late Payment and Recovery

5.1 If payment is overdue, we may do any of the following without limiting any other rights:
(a) suspend current work;
(b) withhold delivery of drafts, finals, licences or files;
(c) refuse future bookings;
(d) revoke any permission to use unpaid-for deliverables until payment is made in full;
(e) recover the debt through a collection process or legal proceedings.

5.2 We may charge interest on overdue amounts at the rate of 10% per annum, calculated daily, from the due date until paid, to the extent permitted by law.

5.3 You must indemnify us for reasonable debt recovery costs, legal costs on a full indemnity basis where recoverable, collection agency fees and administrative costs reasonably incurred in recovering overdue amounts.

5.4 If you dispute an invoice, you must notify us in writing within 3 business days of receiving it, specifying the reason for dispute. Undisputed portions must still be paid by the due date.

6. Client Responsibilities

6.1 You must provide, in a timely manner:
(a) accurate briefing information;
(b) access to locations;
(c) all required approvals, permissions and consents;
(d) schedules, shot lists and brand assets where relevant;
(e) timely decisions, feedback and sign-off;
(f) a safe working environment;
(g) a contact person with authority to make decisions on the day of production.

6.2 You warrant that any materials you provide to us, including logos, music, text, images, brand assets, scripts or reference materials, do not infringe any third-party rights and can be lawfully used for the project.

6.3 You are responsible for obtaining all permissions, permits, location approvals, council approvals, venue consents, talent releases, property releases and any other approvals required for the project unless we have expressly agreed in writing to obtain them on your behalf.

6.4 You are responsible for ensuring all persons participating in the production behave lawfully, safely and respectfully. We may stop or suspend work if any person behaves in a threatening, abusive, intoxicated, unsafe or unlawful manner.

7. Production Timing, Delays and Completion

7.1 Any production or delivery timeframe given by us is an estimate unless expressly stated as a fixed deadline in writing.

7.2 We will use reasonable efforts to meet agreed deadlines, but delivery dates depend on timely client cooperation, access, approvals, weather, technical issues, third-party delays and circumstances beyond our reasonable control.

7.3 If you delay the project by failing to provide information, approvals, access, materials, payment or feedback when reasonably required:
(a) all delivery dates will automatically extend by a period reasonably reflecting that delay;
(b) we may reprioritise the project within our production schedule;
(c) additional fees may apply for re-scheduling, idle crew time, additional edit time, storage or rebooking.

7.4 If work is paused by you for more than 14 days, we may treat the project as suspended. If suspended for more than 30 days, we may invoice work completed to date and any committed costs.

7.5 If the project remains inactive for more than 60 days due to client delay, non-response or non-payment, we may treat the project as terminated by you under clause 15, and all amounts for work completed, booked production time and committed third-party costs become immediately payable.

8. Shoot Day Conditions and Access

8.1 You must ensure locations are safe, accessible and suitable for filming or photography.

8.2 We may refuse to commence or continue services where:
(a) conditions are unsafe;
(b) weather creates unreasonable risk;
(c) access is materially restricted;
(d) legal or venue permissions are missing;
(e) the brief materially differs from what was quoted.

8.3 Time lost due to late access, client lateness, unprepared talent, access issues, venue restrictions, security delays, lack of parking, or unavailability of key personnel counts as part of the booked time.

8.4 Where a shoot overruns beyond the included time due to client-caused factors, additional time will be charged at our then-current hourly or half-day rate.

8.5 We are not responsible for reduced coverage or missed content caused by restricted access, late starts, schedule overruns, uncooperative talent, venue rules, poor lighting conditions, crowd interference, weather, or client direction.

9. Creative Control and Artistic Discretion

9.1 You acknowledge that our services involve creative judgment and editorial discretion.

9.2 Unless otherwise agreed in writing, we retain control over:
(a) shooting style;
(b) camera selection and setup;
(c) lighting approach;
(d) composition and framing;
(e) editing style;
(f) retouching approach;
(g) colour grading;
(h) music selection where included;
(i) sequencing and storytelling decisions.

9.3 We will use reasonable efforts to take your brief and preferences into account, but final creative decisions remain with us unless the agreement expressly provides otherwise.

9.4 Dissatisfaction based solely on personal taste, subjective preference, or a change of mind after approval of the brief does not entitle you to a refund, reshoot or unlimited revisions.

10. Proofing, Revisions and Approval

10.1 Unless otherwise stated in writing, the quoted fee includes:
(a) one initial draft or proof delivery; and
(b) up to two rounds of reasonable revisions.

10.2 A “revision round” means one consolidated set of feedback provided by you after reviewing the relevant draft.

10.3 Feedback must be provided in one clear, consolidated response per revision round. Fragmented, repeated or piecemeal feedback from multiple stakeholders may be treated as additional revision rounds.

10.4 Revisions are limited to changes consistent with the original approved brief. Any of the following may be treated as a variation and charged additionally:
(a) change of concept;
(b) change of campaign direction;
(c) substantial restructuring of the edit;
(d) replacement of selected images with new selections after approval;
(e) new graphics, captions or versions not included in the quote;
(f) reshoots caused by a change in preference or brief;
(g) additional stakeholder review cycles.

10.5 Additional revision rounds are charged at our then-current hourly rate or package rate.

10.6 If you do not provide revision feedback within 7 days of receiving a draft, we may regard the draft as approved for scheduling purposes and may move the project out of active production until you respond.

10.7 Final approval is deemed given when you:
(a) confirm approval in writing;
(b) use the deliverables publicly or commercially; or
(c) fail to raise any objections within 7 days after final delivery.

11. Delivery and File Handling

11.1 Deliverables will be supplied in the format stated in the quote or proposal.

11.2 We are not required to provide raw files, project files, layered files, editing timelines, unused footage, or source material unless expressly included in writing.

11.3 If raw footage or source files are supplied, they are supplied “as is” without any warranty as to editorial usefulness, completeness or compatibility.

11.4 Delivery is deemed complete when files are made available for download, sent electronically, uploaded to an online gallery or drive, or otherwise made accessible to you.

11.5 You are responsible for downloading and backing up delivered files promptly.

11.6 Unless otherwise agreed in writing, we may delete project files, raw footage, source files and backups after 30 days from final delivery.

11.7 We are not liable for loss of files after that retention period.

11.8 Requested archival retrieval after final delivery, where files still exist, may incur a retrieval or re-export fee.

12. Reshoots

12.1 A reshoot will only be provided at our cost where the need for reshoot arises directly from our failure to exercise due care and skill.

12.2 No free reshoot is required where the issue arises from:
(a) weather;
(b) client change of mind;
(c) change of brief;
(d) lack of access or permissions;
(e) missed attendance by talent or staff;
(f) venue restrictions;
(g) unsafe conditions;
(h) client-supplied materials or instructions;
(i) events beyond our reasonable control.

12.3 Any client-requested reshoot outside clause 12.1 is a new booking and chargeable at our normal rates.

13. Intellectual Property and Usage Rights

13.1 We retain ownership of all intellectual property rights, including copyright, in all footage, photographs, drafts, edits, raw files, project files and deliverables created by us, unless we expressly assign those rights in writing.

13.2 Upon full payment of all fees, we grant you a non-exclusive, non-transferable licence to use the final approved deliverables for the purpose and media stated in the quote or proposal.

13.3 Unless otherwise agreed in writing, the licence granted:
(a) is limited to the client named in the agreement;
(b) does not include resale, sublicensing or transfer to third parties;
(c) does not permit use by related entities, agencies, franchisees, partners or affiliates unless expressly included;
(d) does not include use outside the agreed territory, duration, campaign or platform if those limits were specified.

13.4 No licence is granted until all invoices are paid in full.

13.5 You must not alter, filter, crop, re-edit, manipulate or otherwise modify the final deliverables in a way that distorts our work or removes credits where credit was agreed, unless we approve in writing.

13.6 We may use completed work, including photographs, video excerpts, stills, project descriptions and your business name/logo, for our portfolio, website, social media, awards, pitch decks and self-promotion unless you require confidentiality in writing before the project commences.

14. Music, Stock, Third-Party Content and Licences

14.1 Any third-party music, stock footage, stock imagery, fonts, templates or graphics included in the project are subject to the relevant third-party licence terms.

14.2 Unless otherwise agreed in writing, you are responsible for ongoing or platform-specific usage fees, broadcast fees, advertising licences, collection society obligations or extended commercial licensing costs.

14.3 We are not liable for your use of deliverables outside the scope of the applicable licence.

14.4 If you request use of unlicensed or improperly licensed material, we may refuse.

15. Cancellation, Rescheduling and Termination

15.1 If you cancel a confirmed booking:
(a) the booking deposit is non-refundable;
(b) if cancellation occurs within 7 days of the scheduled shoot or start date, 75% of the total quoted fee may be payable;
(c) if cancellation occurs within 48 hours of the scheduled shoot or start date, 100% of the shoot fee and all committed third-party costs may be payable.

15.2 If you reschedule a confirmed booking, we will use reasonable efforts to accommodate the new date, but rebooking is subject to availability and may incur additional fees.

15.3 If weather or conditions make the shoot unsafe or impractical, we may reschedule in good faith. Any non-recoverable third-party costs already incurred remain payable.

15.4 We may terminate the agreement immediately by notice if:
(a) you fail to pay any invoice on time;
(b) you materially breach these Terms and do not remedy that breach within 5 business days of notice;
(c) you engage in unlawful, abusive, threatening or unsafe conduct;
(d) continuing the work would expose us to legal, reputational or safety risk.

15.5 On termination, you must pay for:
(a) all work performed up to the date of termination;
(b) all booked time already reserved;
(c) all non-cancellable third-party expenses;
(d) all approved variations and administrative costs reasonably incurred.

16. Refunds

16.1 Refunds are not provided for:
(a) change of mind;
(b) failure to read the scope properly;
(c) subjective dislike where the work substantially matches the agreed brief;
(d) delays caused by you or third parties outside our control;
(e) unused shoot time booked for your project.

16.2 Nothing in this clause excludes any refund or remedy required by law.

16.3 If a remedy is required under law and the issue does not amount to a major failure, we may elect, where permitted, to re-supply the services, repair the issue, or provide another lawful remedy.

17. Limitation of Liability

17.1 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the services, whether in contract, tort, negligence, equity, statute or otherwise, is limited to the total amount actually paid by you to us for the specific services giving rise to the claim.

17.2 To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, special or economic loss, including loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of anticipated savings, or loss of data.

17.3 We are not liable for:
(a) delays caused by you, venues, suppliers, talent, weather, technical platform outages or third parties;
(b) any failure caused by events beyond our reasonable control;
(c) client misuse of deliverables;
(d) acts or omissions of third-party platforms, printers, broadcasters, ad managers or social media channels;
(e) colour or display variations across screens, print processes or devices;
(f) lawful editing or creative decisions made in accordance with the brief.

17.4 If legislation implies any guarantee, condition or warranty that cannot lawfully be excluded, our liability is limited to the remedy permitted by law. Under the ACL, consumer guarantees and unfair contract term protections still apply, including in many standard form consumer and small business contracts.

18. Indemnity

18.1 You indemnify us against all claims, losses, damages, liabilities, costs and expenses arising out of or in connection with:
(a) your breach of these Terms;
(b) materials supplied by you;
(c) your failure to obtain required permissions, approvals or releases;
(d) your unlawful use of the deliverables;
(e) injury, loss or damage caused by your personnel, contractors, invitees or participants at a shoot, except to the extent caused by our negligence or breach of law.

18.2 This indemnity is reduced to the extent the loss was caused or contributed to by our negligence, wilful misconduct or breach of law.

19. Data, Privacy and Confidentiality

19.1 We may collect and hold personal information reasonably necessary to provide our services, communicate with you, administer projects and meet legal obligations.

19.2 Where applicable, both parties must comply with privacy laws relating to any personal information handled in connection with the project. Australian businesses may have legal obligations around protecting customer information and handling privacy appropriately.

19.3 We will keep confidential information provided by you confidential and will not disclose it except:
(a) as required to perform the services;
(b) as required by law;
(c) with your consent; or
(d) where the information is public other than through our breach.

19.4 You must notify us before the project starts if any part of the work is confidential, embargoed, commercially sensitive or subject to non-disclosure requirements.

20. Force Majeure

20.1 We are not liable for delay, failure or inability to perform caused by events beyond our reasonable control, including severe weather, illness, injury, equipment theft, power failure, internet outage, strike, transport disruption, government action, venue closure, emergency, pandemic-related restrictions or acts of God.

20.2 Where a force majeure event occurs, we may suspend, extend, reschedule or terminate the affected services on reasonable notice.

20.3 Any non-recoverable costs incurred before the force majeure event remain payable.

21. Subcontractors and Personnel

21.1 We may engage assistants, second shooters, editors, freelancers, contractors or subcontractors to perform part of the services.

21.2 We remain responsible for the services we agree to supply, subject to these Terms.

21.3 We may substitute personnel where reasonably necessary.

22. Complaints and Dispute Resolution

22.1 If you have a concern, you must notify us in writing with full details within 7 days of the issue arising.

22.2 The parties must first try to resolve any dispute through good faith discussions.

22.3 If the dispute is not resolved within 14 days, either party may refer the dispute to mediation before commencing court proceedings, except where urgent interlocutory relief or debt recovery is required.

22.4 You must continue to pay all undisputed amounts during a dispute.

23. General

23.1 These Terms constitute the entire agreement between the parties in relation to the services unless supplemented by a signed written agreement.

23.2 Any waiver must be in writing and signed by the waiving party.

23.3 If any term is found invalid, void or unenforceable, that term is severed and the remainder of the Terms continue in force.

23.4 We may update these Terms from time to time for future bookings. The version applying to your booking is the version in effect when your booking is confirmed, unless otherwise agreed.

23.5 You may not assign or transfer your rights under this agreement without our prior written consent.

23.6 This agreement is governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

24. Acceptance

By accepting our quote, paying a deposit, confirming a booking or instructing Good Visuals Media to commence services, you confirm that you have read, understood and agreed to these Terms and Conditions.