TRADING TERMS AND CONDITIONS

 

1. Definitions

In these terms and conditions, unless the context otherwise requires: “Consumer” means any individual who acquires Angelique Gerber Films’ services wholly or predominantly for personal, domestic or commercial use. “Client” means any person or entity requesting AGF to provide Services. “AGF” means Angelique Gerber Films ® (ABN 68157332900). “Agreed Fee” means the fees estimated by AGF in any quotation once accepted by the Client. “Materials” means any goods, chattels, 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 Client to AGF for the purposes of AGF supplying the Services. “Raw Footage” means master footage recorded by AGF as part of provision of the Services. “Services” means video 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 AGF with any Client in relation to the provision of Services by AGF. All work carried out by AGF is on the basis that the Client has agreed to these Terms and Conditions.

3. Consumer Contract

If the Client is a Consumer: These conditions do not affect any rights the Client has under Schedule 2 of the Competition and Consumer Act 2010 (Cth); and these conditions do not affect the laws in force in the place in which the contract is made prior to the contract.

4. Quotations

4. Quotations and Scope

Quotations are based on the proposed project plan and an estimate of the time required to deliver the Services under typical circumstances. They are calculated using AGF’s call-out fee, hourly rate, and service expenses.

4.1 Pre-production

If additional planning or preparation is required as the project develops, AGF will advise the Client of any extra budget needed. Additional tasks or meetings requested by the Client during pre-production will be charged at the quoted pre-production hourly rate.

4.2 Film Shoots

Quoted film shoots are based on the information available at the time of quoting. As the project’s content, plans, and schedule develop, production expenses and shoot hours may need to be reviewed and updated. Any additional costs, including extra hours on the shoot day, will be added to the next invoice.

4.3 Post-production

One round of client feedback and a reasonable amount of revisions (up to 2 hours of work) is included in each quotation.

If the Client requests significant changes or additional revisions that fall outside the original scope of work, AGF will charge for the extra time at the quoted post-production hourly rate. AGF can provide an estimated cost of the additional time required upon request.

5. Cancellation and Postponement

5.1 General

A booking is confirmed only upon receipt of the required deposit and written acceptance of the quote. Once confirmed, the dates and resources are reserved exclusively for the Client.

The Client may cancel or postpone the project by providing written notice to AGF (during normal business hours). Notice given outside business hours is deemed provided at the start of the next business day.

5.2 Cancellation of Small Projects

Small projects are defined as those involving one or two shoot days and associated editing, typically valued under $5,000.00, sometimes up to $7,000.00 or as specified in the quote.

  • More than 14 days prior to the first scheduled shoot: Client pays any irrecoverable expenses incurred by AGF.

  • Between 7 and 14 days prior to the first scheduled shoot: Client pays 20% of the total Agreed Fee (plus any expenses).

  • Between 7 days and 48 hours prior: Client pays 50% of the total Agreed Fee (plus any expenses).

  • Within 48 hours of the scheduled shoot, or during provision of Services: Client pays 100% of the Agreed Fee (plus any expenses).

5.3 Cancellation of Larger/Multi-Stage Projects

Larger projects are defined as those involving multiple shoot days, extended pre-production, or significant post-production / editing spanning weeks or months, typically valued over $7,000.00 or as specified in the quote.

Because these projects require substantial scheduling, crew/gear commitments, and blocked availability over extended periods:

  • More than 30 days prior to the first scheduled shoot: Client pays any irrecoverable expenses + 25% of the total Agreed Fee (to cover pre-production and opportunity costs).

  • Between 30 and 8 days prior: Client pays any irrecoverable expenses + 50–75% of the total Agreed Fee (pro-rated based on work completed and resources committed).

  • Within 7 days of the first scheduled shoot, or during any stage of the project: Client pays 100% of the total Agreed Fee (plus any expenses).

5.4 Postponement/Rescheduling

AGF will reasonably consider one postponement request per small project, subject to availability (and up to five postponement requests per large project with multiple film shoots, subject to availability).

  • Requests made with sufficient notice (per the tiers above) may allow the deposit to be transferred to the new date.

  • Late postponements will be treated as a cancellation under the relevant tier, with any new booking requiring a fresh deposit.

5.5 Expenses and Work Already Performed

In all cases, the Client must reimburse AGF for any third-party costs, crew commitments, equipment hires, travel, or pre-production work already undertaken (even if outside the percentage fees above).

5.6 Payment of Cancellation Fees

Any amounts due must be paid within 14 days of the cancellation notice (or as invoiced).

6. Payment

6.1 Payment Schedule

The Client agrees to pay AGF the Agreed Fee according to the following (or as otherwise specified in the Project Quote):

  • Deposit: 50% of the total Agreed Fee is payable upon acceptance of the Quote. This confirms the booking and allows AGF to commence pre-production, secure dates, and allocate resources.
    For larger or more complex projects, a first payment instalment of 10% and 50% of the total Agreed Fee will be invoiced, depending on the project scale, duration, and resources required.

  • Payment instalments: For larger or ongoing projects (e.g., those involving multiple shoot days or extended editing timelines), payment instalments will be arranged on a monthly basis or at agreed project milestones, as outlined in the Quote or separate Payment Schedule.

  • Balance: The remaining balance (plus any approved variations or additional expenses) is payable within 7 days of the date of any interim or final invoice.

AGF will not commence pre-production activities, book crew/equipment, or reserve film shoot dates until the Deposit has been received in full.

6.2 Approval Period and Final Payment

AGF will provide the Client with an online review link to the draft video(s) for feedback and approval.

  • The Client has 14 calendar days from the date the review link is sent to review the drafts and provide feedback or requested amendments in writing. 

  • If no feedback or approval is received within this 14-day period, the draft will be deemed approved as final. The balance of the Agreed Fee will become immediately due, and AGF will proceed to finalise the project.

Final video files will be delivered to the Client only after:

  • Full payment of the Agreed Fee (and any outstanding amounts); and

  • Written project approval (or deemed approval).

6.3 Late Payment

If any invoice (or part thereof) remains unpaid after 7 days from the due date, AGF may:

  • Charge a late fee of $75.00 (or 1.5% of the overdue amount, whichever is greater),

  • Charge interest on the overdue amount at 10% per annum, calculated daily and compounding monthly;

  • Suspend or pause all work on the project until payment is received;

  • Withhold delivery of final video files, or any other deliverables until all outstanding amounts are paid in full.

6.4 Expenses and Variations

All third-party expenses (e.g., travel, location fees, additional crew, or stock footage) approved by the Client will be invoiced separately and are payable within 14 days. Any variations to the scope of work requested by the Client will be quoted separately and may require an adjusted payment schedule.

6.5 Expenses and Variations

Any third-party expenses that were not included in the original Quote (for example, travel, location fees, additional crew, stock footage, or music licences) and are approved by the Client will be billed on the next payment instalment invoice.

Any additional requests, changes to the scope of work, or further developments to the project after the initial Quote has been accepted will be charged according to AGF’s current pricing guide (or quoted separately if required), and the additional cost will be added to the next invoice.

6.6 Project Holds

In rare cases, a Client may request to place a project on hold for a period of time. AGF will try to accommodate reasonable requests wherever possible. However, prolonged holds may impact AGF’s scheduling. Any project placed on hold will need to be committed to a new mutually agreed timeline to secure availability for resumption.

Projects that remain inactive for more than 60 days may require a new Quote due to potential changes in pricing, availability, and costs (such as renewed software subscriptions or crew/equipment rates). AGF will advise the Client in advance of any such adjustments.

7. Review Stage and Variations

AGF will provide the Client with an online review link to the edited video(s) for feedback and approval.  The Client must provide all feedback and amendment requests in writing within 14 days of receiving the review link. Once the requested amendments are completed, AGF will provide a final review link for verification.

Any further amendment requests, or first-round changes that exceed the agreed scope/budget, will be charged as an additional fee according to AGF’s standard hourly rate.

The Client acknowledges that some requested changes may not be possible due to the nature of the original footage or project scope.

7.1 Final Approval

While AGF takes care to ensure accuracy, it is the Client’s responsibility to thoroughly check the video and notify AGF of any remaining errors within the 14-day review period before final approval.

If no feedback or approval is received within the 14-day period, the draft will be deemed approved as final. The balance of the Agreed Fee will become immediately due, and AGF will proceed with final delivery upon payment.

7.2 Extended Review Rounds

If multiple rounds of revisions are required or the review process takes significantly longer than expected, this may affect AGF’s scheduling and availability. Further revisions will be scheduled around existing commitments, which may result in longer turnaround times.

8. Venue Location Fees & Permissions

The Client must obtain any necessary consent or permission and pay any fees which may apply for AGF to film at a particular venue, location or event.

9. Artistic Licence

The Client acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. AGF reserves the right to use ‘Artistic Licence’ 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 AGF on request (see clause 7 - variations above).

10. Client’s Materials

All Materials are used and stored by AGF solely at the Client’s risk and AGF is under no obligation to insure any Materials. Neither AGF 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;

AGF 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 AGF even though such person is present during and involved with the performance of the Services; and The Client must retain a master copy of each and every recording delivered to AGF for the purposes of the Contract.

11. Client Acknowledgements

The Client acknowledges and agrees that:
AGF will have a lien on Materials provided by the Client; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by AGF will be transferred to the Client until the Client pays all amounts due to AGF in full.

The Client acknowledges and agrees that upon payment of all outstanding invoices due to AGF, the Client is entitled to receive the finished works, but has no entitlement to the working files of AGF.
The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by AGF are solely those of the Client. The finished works are intended to represent the opinion of the Client and in no way reflect the views and opinions of AGF, it’s employees and Subcontractors.

12. Client Undertakings and Warranties

The Client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Client’s video. The Client indemnifies and holds AGF harmless from any claims or legal actions related to the content of the Client’s video. The Client hereby indemnifies and holds harmless AGF against all loss, damage, costs or expenses suffered or incurred by AGF as a result of any breach of clauses 12.1 and 12.2.

13. Project Delays and Client Liability

Any estimate of the date by which AGF will complete any part of the Services is contingent upon the Client providing complete instructions to AGF and fully cooperating with AGF until AGF has ceased providing Services to the Client.

The Client must appoint a person who has complete authority to provide instructions to AGF and respond to requests for feedback until AGF has ceased providing Services to the Client. The person appointed pursuant to clause 13.2 must be available to respond to communications from AGF on every day which is a business day in Western Australia.

14. Sub-Contracting

AGF reserves the right to sub-contract any Services that AGF has agreed to perform for the Client as it sees fit.

15. Recorded Material

Ownership
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of AGF until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, AGF 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 included or recorded in the edited video or recorded by equipment used by AGF will remain the property of the author or legal entity owning the copyright.

Special Provisions for Ownership
AGF 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 AGF. AGF 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 AGF and the Client. The copyright of such segments will belong exclusively to AGF.

Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only, and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, AGF reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

Raw Footage
The Client may purchase Raw Footage in viewable format for an additional fee of 50% of the shoot cost according to the Agreed Fee, and no less than $500 per day of footage, unless a different price is offered upon a quoting request.
If the Client requires any Raw Footage to be provided by way of a separate hard disk, then Client must pay AGF an additional fee of $350.00.

16. Failure of Equipment or illness of AGF employees and contractors

Whilst all reasonable care and preparation is taken for videography and editing, AGF 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 illness of the operators or person(s) employed or engaged by AGF or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

17. Right of Refusal or Termination

AGF reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by AGF is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged. If AGF terminates the provision of Services pursuant to clause 17.1 then any Deposit paid by the Client is non-refundable.

Should any of the circumstances outlined in clause 17.1 occur, AGF may seek compensation from the Client for any loss or damage suffered.

18. 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 Client 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, AGF will not be liable for:

Any claim by the Client 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 Client, by statute, the common law, equity, trade, custom, usage or otherwise; and
Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by AGF in writing, and the liability of AGF for any such matters is hereby excluded.

Where (and to the extent) permitted by law the liability of AGF for a breach of a Non-excludable Right can be limited, AGF’s liability is limited, at AGF’s option, to one of the following:
The supply of the service again; or
Payment for the cost of having the services supplied again. Notwithstanding any other provision, AGF 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 Client for:
Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated Savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

19. Force Majeure

If AGF 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, labour dispute or shortage, act or omission of any third person or public authority, then AGF’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

20. Legal Costs

The Client will be liable for any legal costs incurred by AGF in the recovery of unpaid invoices on an indemnity basis.

21. Confidentiality

All information received by AGF from the Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s Consent.

22. Other Matters which Affect the Contract

The laws of Western Australia apply to the Contract and the Client must bring any proceedings against AGF in a Western Australian 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.

AGF 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 AGF.

23. Amendment

AGF reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice.

Dated: 25 March 2018 - Current.