Terms & Conditions

Welcome to Melbourne Films!

By using Melbourne Films and signing up as a client, you agree to be legally bound by these terms & conditions of use (the “Terms & Conditions”). Please read the terms and conditions carefully.

1. Delivery and Payment
   
   1. In consideration for the Production Company’s service under this Agreement, the Company agrees to pay the Production Company the Agreed Quote in accordance with the Payment Terms.
   2. The Production Company agrees that it will perform the Responsibilities and produce the Materials and the Commercial/s in accordance with best practice industry standards.
2. Approvals
   
   1. The Production Company shall submit the Approval Materials as soon as possible and the Company shall approve or detail their required amendments to the Approval Materials as soon as possible having regard for the need of the Production Company to proceed to prepare the Materials in accordance with the Delivery Dates or to change the item in advance of the shoot.
   2. Both parties acknowledge and agree that time shall be of the essence in relation to the submission and approval of the Approval Materials, and that they shall employ their best efforts to perform their obligations in relation to the Approval Materials.
   3. The Company representative should be available to approve Approval Materials as per an agreed schedule.
3. Attendance of Company Representative on Shoot
   
   1. The Company shall provide the Company Authorised Representative, who will attend the shooting and/or recording and/or post-‐production of the Commercial/s at agreed times for consultation and approvals as may be necessary relating to the content of the Commercial/s.
   2. If the Company Authorised Representative is unable to attend the shoot at any stage the decision of the Production Company in all such matters will be determinative and final.
4. Safekeeping of Negative/Videotape/Digital Assets
   
   1. The Production Company shall be responsible for the safekeeping of any negative, videotape, digital assets during production of the Commercial/s and during their laboratory processing and at all other times up to the point at which the Materials are delivered to the Company.
   2. The Production Company shall not be responsible for the security of the Materials or any other items in any other circumstances.
   3. The Company is responsible for insuring the negative,videotape/digital assets and any other Materials (including that which remains in the possession of the Production Company) after the final Delivery Date or the Completion Date (whichever date occurs first).
5. Legal and Technical Requirements
   
   1. The Company shall be responsible for ensuring that the Commercial/s and the Materials comply with any legal or regulatory requirements relating to content and post‐production.
   2. The Production Company shall ensure the Materials comply with the technical requirements and standards in force in Australia at the date of signing of the Agreement.
6. Permits and Visas
   
   1. Unless otherwise agreed in writing, the Production Company shall be responsible for obtaining all relevant permits, licences or other official authorisations relating to the shoot, including any necessary visas or work permits in respect of personnel engaged by the Production Company (but excluding any talent or personnel engaged by the Company).
   2. The Production Company will not be responsible for delays, difficulties or inability to obtain visas or work permits for talent or personnel engaged by the Company.
7. Copyright and Other Rights
   
   1. Ownership of the Materials and all related property produced under this Agreement shall remain vested in the Production Company until it has received payment of the entire Agreed Quote.
   2. Upon receipt by the Production Company of the total Agreed Quote and any extra charges incurred as a result of an agree one revision to the Responsibilities, the Production Company shall assign to the Company all of its copyright in the Materials and the Commercial/s for use as agreed in Annexure One.
   3. Where the Production Company expressly commissions any material from a third party for use in the Commercial/s or uses any existing material which has been created by the Production Company or such third party for the Commercial/s, the Production Company undertakes to obtain either an assignment to the Company or, if not feasible, a licence on terms approved by the Company at the Company’s cost.
   4. The Production Company undertakes to procure and pass on to the Company moral rights consents or waivers from the director and all other persons materially engaged in the creation or production of the Commercial/s.
   5. The Company and the Production Company will ensure permissions are obtained for any copyright or trademarked material supplied by either party.
   6. Where the Production Company engages actors, performers or models, the Production Company undertakes to obtain necessary consents on terms approved by the Company.
8. Amendment Requests

   If the Company asks for alterations to schedule, budget or scope:

   1. The parties will use best endeavours to agree new dates and deliverables and the Company will be responsible for any unavoidable increases in cost.
   2. If additional costs cannot be agreed, the dispute resolution procedure applies.
   3. Any undisputed amounts must be paid per schedule.
9. Cancellation & Postponement by Company
   
   1. If the Company cancels or postpones production without breach by the Production Company, the Company must reimburse all direct costs and applicable Creative and Production Fees.
   2. Production Fee schedule:
      
      • 15+ business days: 25%
      • 10–14 business days: 50%
      • 0–10 business days: 100%
   3. In postponement cases, new terms will be negotiated once production resumes.
10. Contingency & Weather Days & Force Majeure
    The Company agrees to pay for any costs arising from delays caused by weather or events outside the Production Company’s control.
11. Termination
    
    1. The Company may terminate with 14 days notice if the Production Company fails to remedy a material breach.
    2. Either party may terminate immediately in cases of insolvency or dissolution.
    3. Upon termination, the Company may continue production once all costs are paid.
12. Indemnity
    
    1. A breaching party shall indemnify the other for losses arising from the breach.
    2. Liability is limited to the Production Fee and no consequential loss applies.
13. Insurance
    Each party agrees to maintain appropriate insurance and provide evidence on request.
14. Entire Agreement
    This Agreement supersedes all prior agreements unless amended in writing and signed by both parties.
15. Disputes Procedure
    
    1. CPCDP means the Commercial Producers Council Dispute Policy.
    2. Parties must follow CPCDP before legal action.
    3. If mediation is agreed, CPCDP rules apply.
16. Confidential Information
    
    1. Parties must not disclose confidential information without permission.
    2. The Production Company must treat marketing and business information as confidential.
    3. Confidentiality obligations extend to personnel.
17. Late Payments
    Late payments incur 2% above the Reserve Bank of Australia rate calculated daily.
18. No Waiver
    Failure to enforce rights does not constitute a waiver.
19.  Enforceability
    If any provision is unenforceable, the remaining provisions survive.
20. Governing Law
    This Agreement is governed by Victoria, Australia.