In Plain English
This is basically what the big legal jargon version says,
but it’s a lot shorter and easier to understand.
Between us, the Producer, Kaja Koort (ABN 39 768 955 178), and you, the Client.
We will always do our best to fulfill your needs and meet your goals, but it’s helpful to have everything written down so both parties know their responsibilities and how to address issues if things go wrong. We have no desire to trick you into signing something that you might regret.
We do, however, want what’s best for the safety of both parties, now and in the future.
In Short
You and/or your company are hiring us (The Producer) located at 8 Hampden Avenue, Cremorne, NSW 2090, to produce the deliverables for the estimated total price outlined in our proposal.
Of course, there’s a bit more to it, but we’ll cover that below.
What Do Both Parties Agree To Do?
You, the Client, agree to:
- Have the authority to enter into this contract on behalf of your company or organization.
- Provide us with everything we need to complete the project—such as text, images, and other information—in the format we request and within the agreed timelines.
- Review our work, provide feedback, and approve deliverables promptly.
- Stick to the payment schedule outlined in the proposal.
We, the Producer, agree to:
- Use our experience and skills to provide the services outlined in the proposal professionally and on time.
- Make every effort to meet agreed deadlines but cannot be held responsible for missed deadlines caused by delays in receiving materials or approvals from you.
- Maintain the confidentiality of any information you provide.
Revisions
You are entitled to a specified number of Pre-Production and Post-Production revisions as outlined in your proposal.
Additional Revisions:
Additional rounds of revisions, whether major or minor, will be billed at $150 per hour, with a minimum charge of $150.
Feedback Process:
- All revision requests must come from your organization’s designated key point of contact.
- The designated contact must consolidate feedback from multiple stakeholders into a single email or document before submission.
This process ensures the project stays on track, within budget, and is delivered on time. We guarantee timely delivery if the brief is signed off and the agreed schedule is followed.
The Big Legal Version
1. Term
The work provided by the Producer will commence and conclude on the target production timeline outlined in the “The Plan” section of your proposal. This schedule may be adjusted from time to time with the mutual consent of both Parties.
Once finalized, the production timeline will serve as the primary reference for project milestones and deadlines. Both Parties agree to adhere to the agreed dates and revision periods outlined in the proposal. Any delays caused by failure to meet these commitments may result in project delays and additional fees.
2. Roles and Responsibilities
Producer Responsibilities:
Produce and deliver the project’s agreed-upon deliverables as outlined in the proposal.
Client Responsibilities:
Provide all materials necessary to complete the project—including text, images, and other relevant information—in the requested format and within agreed timelines.
Submit any brand guidelines in writing before production begins to ensure accuracy.
Review deliverables, provide feedback, and approve work promptly, adhering to the agreed timelines.
Follow the payment schedule outlined in the proposal.
Source any talent required for the project and ensure:
The talent has granted permissions for their involvement in the deliverables.
The talent is informed of where and how the final deliverables will be used.
Make arrangements for filming or photography at the Client’s premises or other locations, including:
Securing necessary permissions for access.
Ensuring approval for filming and/or photography on-site.
Covering any location fees or rentals if required, noting that these expenses are not included in the proposal.
3. Fees and Payment
The total cost of the Project is outlined in your proposal and does not include any additional expenses unless otherwise specified.
Payments shall be made in the following installments unless otherwise stated in the proposal:
First Payment (Deposit): 50% of the total project cost, due upon signing the proposal.
Final Payment: 50% of the total project cost, due before the final payment date specified in the proposal.
4. Refunds
Due to the nature of production scheduling and resource allocation, the deposit payment is non-refundable.
If the project is terminated in accordance with clause 12, any payments made by the Client that exceed the value of work already completed will be refunded or, at the Client’s discretion, used as credit towards a future project.
5. Expenses
Producer Responsibilities:
The Producer will cover all expenses directly related to each stage of production as outlined in the proposal.
The Producer will cover all expenses directly related to each stage of production as outlined in the proposal.
Client Responsibilities:
The Client is responsible for covering expenses related to:
The Client is responsible for covering expenses related to:
Talent, including fees, travel, and related costs.
Locations, including rentals, permits, and associated fees.
Additional Expenses:
If the Producer identifies an expense not covered under this Agreement that is necessary for the betterment of the Project, the Producer will provide the Client with:
If the Producer identifies an expense not covered under this Agreement that is necessary for the betterment of the Project, the Producer will provide the Client with:
A detailed written request outlining the expense.
An explanation of why it is necessary and how not covering the expense may impact the quality of the Project.
The Client is responsible for approving or denying these additional expenses in writing. The Client acknowledges that declining such expenses may affect the overall timeline, budget, or quality of the Project.
5.1 Additional Expenses & Delays
Requests for functionality or features beyond those outlined in the approved concept or script will be considered out-of-scope. In such cases, an amendment to the budget will be proposed and must be approved before additional work begins.
Projects that remain dormant for more than 30 days will incur a reactivation fee of at least $1,200 (excluding GST) to resume work. This fee will be applied at the discretion of the Producer.
6. Project Scope
At each stage of production, we require written sign-off from your designated key point of contact as listed in your proposal. Consolidated feedback is essential at all stages to ensure the project stays on track and within scope.
If you wish to make changes to the project—such as adding new elements, altering music, or scheduling additional shooting days—that won’t be a problem. However, such changes will incur additional costs, which must be agreed upon before the extra work begins. These changes may impact project deadlines, which will be adjusted accordingly. The Producer will communicate any implications transparently to keep all parties aligned.
6.1 Re-shoots
If a re-shoot is deemed necessary by the Client for any reason, the Producer will provide a detailed breakdown of the associated expenses. These costs will be included in the next project invoice following the re-shoot.
6.2 Shooting Cancellation Fee
We will make every effort, time-permitting, to send shoot reminder emails 14 days and 7 days prior to a scheduled shoot day.
However, due to the lead time required for booking resources, we charge a minimum cancellation fee of $1,200 (excluding GST) if the Producer receives notice less than seven (7) days before the scheduled shoot date.
This fee may increase depending on the resources allocated to the shoot. Variables affecting the cancellation fee include, but are not limited to:
External contractors.
Location booking fees.
Talent fees.
Travel expenses.
Catering costs.
7. Approval / Revisions
The prices outlined in the “Your Investment” section of your proposal are based on the estimated amount of work required to achieve the goals you have communicated to us. If additional work is requested beyond the scope of the original proposal, it will incur additional costs.
Revision Entitlements:
One round of major revisions during Concept Development.
Two rounds of minor revisions during Post Production.
Additional Revisions:
Any additional revision rounds beyond those included will be billed at $150 per hour, with a minimum charge of $150.
Feedback Process:
All revision requests must be submitted by the Client’s designated key point of contact, as listed in the proposal.
The designated contact must consolidate feedback from multiple stakeholders into a single email or document before submission.
8. Ownership & Copyright
The Project and all final materials created under this Agreement become the legal property of the Client upon the completion of work and full payment of the Final Budget.
The Producer reserves the right to use the completed deliverables for promotional purposes, including in-person presentations and portfolio materials, unless otherwise agreed in writing by the Client.
The Client guarantees that all text, graphics, photos, designs, trademarks, or other elements provided for inclusion in the Project are either owned by the Client or that the Client has obtained necessary permissions to use them.
The Producer will deliver the final deliverables but is not obligated to provide native project files or retain materials longer than two weeks after project completion. The Client is responsible for securely storing delivered files.
Raw Materials:
If the Client wishes to obtain raw materials (e.g., unedited footage, images, audio files) used in the Project, a request must be made within two weeks of project completion.
Delivery of raw materials will incur an additional fee starting at $500 (excluding GST), depending on the volume and format requested. Raw materials will be provided via an online download link or transferred to a hard drive supplied by the Client.
Project Storage Service:
If the Client wishes the Producer to retain files beyond the two-week period, an annual subscription fee of $240 (excluding GST) applies.
Should the Client wish to receive the retained files at any point, the Producer will provide them within two (2) business days of the request.
After the two-week retention period, the Producer is not obligated to retain or provide raw materials.9. Rights Period and Use Restrictions
The Client acknowledges that due to third-party agreements with respect to the production of the Project, there may be limits to the time the Project is permitted to be publicly exploited.
These limits are imposed due to the Rights Period and Permitted Media limitations in acting or voice-over agreements for the talent appearing in the Project, stock music licensing for the music used in the Project, and/or stock footage licensing for the footage used in the Project. All of these limitations will be outlined in the Performer’s Deal Memo, Music Use Licenses, and/or Footage Licenses provided to the Client prior to inclusion in the Project.
10. Confidentiality
During the course of this Agreement, the Parties may disclose to the other certain information which is confidential to the disclosing Party. If the disclosing Party specifies that certain information is Confidential Information, the receiving Party agrees to:
Hold it in confidence.
Not disclose it to third parties.
Use it solely for the purposes of this Project.
11. Accuracy of Content
The Project is based on the information provided to the Producer by the Client. The Producer cannot guarantee the accuracy of this information. It is understood that the Client is responsible for all Project content provided by the Client.
While the Producer strives for accuracy, the completed deliverables may not always be error-free. Therefore, Client sign-off is required at predetermined stages, including final delivery.
The Producer shall not be liable for any damages, including lost profits, savings, or other incidental, consequential, or special damages arising out of the deliverables, even if the Client has advised the Producer of the possibility of such damages.
If any provision of this Agreement is deemed unlawful, void, or unenforceable, that provision will be severable from the Agreement and will not affect the validity or enforceability of the remaining provisions.
12. Termination of Agreement
This Agreement may be terminated by either Party by giving the other Party fourteen (14) calendar days’ prior written notice.
In the event of a material breach of this Agreement by either Party, the non-breaching Party may terminate the Agreement immediately by providing written notice to the breaching Party.
Upon termination, the Producer will immediately cease performing its obligations. Within seven (7) days of termination, the Client shall pay the Producer for all work completed prior to the termination date at a rate of $150 Australian Dollars per hour, with credit given for any amounts already paid.
13. Entire Agreement
This Agreement represents the entire understanding between the Parties, superseding all prior agreements, understandings, or representations, whether written or oral.
Any amendments to this Agreement must be made in writing and signed by both Parties.
This Agreement may not be assigned or transferred to another party without the prior written consent of the other Party.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law.
14. Mediation
Any claim or controversy arising out of this Agreement shall first be referred to mediation, upon the request of either Party, with a mutually agreed-upon mediator. The costs of mediation shall be shared equally by both Parties unless otherwise agreed in writing.
If the dispute is not resolved through mediation within thirty (30) days of the mediator’s appointment, the Parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in Sydney, NSW, unless both Parties agree in writing to an alternative location or virtual arbitration. Arbitration will be carried out in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) or another mutually agreed arbitration body.
Both Parties agree to be bound by the decision of the arbitrator, and the costs of arbitration shall be allocated as determined by the arbitrator.
15. Governing Law
This Agreement will be governed by and construed in accordance with Australian laws.