Part 1 – The Parties & Glossary of terms
1.0 The Parties
From this point on, ‘Showreels Australia’ may also be referred to as ‘Us’, ‘we’, ‘our’ and the ‘Client’ may also be referred to as ‘they’ or ‘their’.
1.1 Glossary of Terms
(i) ‘Showreel’ refers to the service(s) outlined in 2.0 and 2.1 of ‘Service Description’ and means a scene of up to and including three minutes (or a duration where indicated depending on the shoot package selected by the client), shot, edited and provided to the client both via streaming web-based delivery such as a Youtube link to the final product on the Showreels Australia Youtube Channel and or a high and low resolution MP4 file via a large file email delivery system such as YouSendIt or an client based FTP.z
(ii) ‘Final Product’ means refers to the complete edited scene delivered via the web based options detailed in 1.1 (i).
(iii) ‘Location’ means the physical place (house, car, park etc) chosen to shoot the scene, which is not a studio.
Part 2 – Service Description
2.0 Definition of ‘Showreel’
Showreels Australia provides actors with professional-standard showreels, for promotional use in the film and television industry.
Showreels Australia hires the services of professional crew members to produce a high production quality scene(s) for actors to showcase their talent. These scenes run in duration of up to three minutes (depending on the shoot package selected by the client) and include (but are not limited to) professional sound recording, HD quality video with 35mm lenses, editing, sound effects, colour grading and production music.
Showreels Australia reserves the right to limit or reduce the above inclusions if we believe we can still provide the same level of service.
2.1 What Showreels Australia Will Provide
Showreels Australia will employ the services of professional crew members, including but not limited to:
(i) Director / DOP (One crew member)
(ii) Sound Recordist / Boom Swinger (One crew member)
Showreels Australia reserves the right, however, to limit or reduce this team in number if we believe that it can still provide at least the same level of service. (Eg: In a small, enclosed location where all crew members don’t fit, radio microphones may be used instead of a sound recordist because a boom microphone and additional crew member would make shooting the scene more difficult and therefore lessen the effectiveness of the client’s work.)
As in all areas of the shoot, you agree that Showreels Australia is acting in your best interest in providing you a quality showreel.
Part 3 – Deposit and Final Payment
3.0 Deposit and Final Payment
The client agrees to pay the non-refundable deposit amount outlined in the related invoice and agreed upon in correspondence with Showreels Australia immediately, and their transfer of the non-refundable deposit amount signifies confirmation that they will settle the final payment amount not less than two (2) weeks prior to the commencement of the shooting schedule.
Showreels Australia agrees to provide all services outlined in 2.1, but only after final payment has been received. Showreels Australia reserves the right to refuse to begin or, if begun, immediately halt all work on the client’s showreel if final payment has not been made to us prior to the shooting schedule.
The client must provide proof of payment for both the deposit and final payment. Proof of payment must be in the form of a approved transfer receipt from the client’s electronic funds transfer transaction screen.
The non-refundable deposit amount required up front and before any shoot scheduling or script development commences is 25% of the total invoice provided.
Eg. Shoot Package Total $1000.00
Deposit amount required is $250.00
Should the client cancel or indefinitely post-pone their showreel before shooting, the client acknowledges that the 25% deposit amount will not be refunded by Showreels Australia. Should the client decide to continue with their showreel at a later date, the deposit must be re-paid to Showreels Australia to re-commence work. (An additional invoice will be supplied to the client in this event.)
3.2 Full Payment
In addition to the deposit payment as outlined in 3.1, the client is obliged to pay the remaining final payment after their deposit not less than two (2) weeks prior to shoot commencement. (Unless otherwise arranged with Showreels Australia.)
Eg: Shoot Package Total $1000.00
Deposit Paid: $250.00
Full Payment to be made: $750.00
Part 4 – Non-Payments, Cancellations and Postponement
4.0 Late Payments
Showreels Australia will not begin work in any way or form on a client’s showreel until the deposit amount has been paid. The deposit allows the commencement of script, scheduling and shoot booking stage. The client acknowledges that delayed and late payment of the deposit amount listed will delay the script stage and shooting and thus the final delivery of the client’s showreel.
Delayed and late payment of the final payment required before shooting will result in Showreels Australia cancelling or postponing a shoot booking. Final payment must be paid not less than two (2) weeks in advance of a scheduled shoot with payment advice provided (transfer receipt). The client accepts that late payment, cancellation or postponement within 7 days will result in an additional penalty fee of 25% of the total invoice or a sum that reasonably and fairly covers the cost of crew booked for the scheduled shoot date and any other damages that result from the late payment.
Should the client decide to cancel the showreel before the deposit amount has been paid, no penalty or fees will be required.
Should the client decide to cancel the showreel after the deposit amount has been paid, the client agrees that their deposit amount will not be refunded by Showreels Australia (except in cases where Showreels Australia can be proven to be in clear breach of its duties as outlined in this agreement).
Should the client decide to cancel the showreel after the final payment has been paid, the client agrees that their deposit and final payment will not be refunded by Showreels Australia (except in cases where Showreels Australia can be proven to be in clear breach of its duties as outlined in this agreement).
4.2.1 Should the client decide to postpone the showreel before the deposit amount has been paid, no penalty or fees will be required.
4.2.2 Should the client decide to postpone the showreel after the deposit amount has been paid for a period longer than 4 weeks, the client agrees that an additional 25% (of the original invoice) deposit amount must be paid to Showreels Australia to re-commence the showreel after the 4 week period (except in cases where Showreels Australia can be proven to be in clear breach of its duties as outlined in this agreement).
4.2.3 Should the client decide to postpone the showreel after the deposit and final payment amount has been paid for a period longer than 4 weeks, the client agrees that an additional 25% (of the original invoice) deposit amount must be paid to Showreels Australia to re-commence the showreel after the 4 week period (except in cases where Showreels Australia can be proven to be in clear breach of its duties as outlined in this agreement).
4.2.4 Clients who have paid the deposit and final amount and who have chosen a package that consists of more than one (1) shoot and who have completed one (1) shoot with more shoots remaining and choose to postpone their remaining shoots for longer than 4 weeks agree that an additional 25% (of the original invoice) deposit amount must be paid to Showreels Australia to re-commence the showreel after the 4 week period (except in cases where Showreels Australia can be proven to be in clear breach of its duties as outlined in this agreement).
4.2.5 A client may request postponement without penalty only due to factors related to illness which may effect the quality of their showreel product or circumstances of which they do not have control. These concerns must be expressed in writing to Showreels Australia before crew and shoot booking commence or the client agrees that they will still be liable to cover the cost of cancelled crew members and any other expenses Showreels Australia incurs due to the postponement of the client’s showreel.
Part 5 – Acceptable Use of Final Product
5.0 Permissible Usage (Client)
The client has full permission from Showreels Australia to use the final product to promote themselves in the industry, in person and/or online.
They may distribute the high and low resolution MP4 file where they wish and use the URL link provided from the Showreels Australia Youtube Channel where needed. The client may capture stills from the final product to use for personal promotion. They may use the showreel in part or in full, depending on their needs at the time, as long as the footage is not re-edited or remastered. (Eg: A three minute scene may be cut down to two minutes, but you may not re-edit a sequence, by re-arranging the original edit, changing the order, add new music or change the colour grading. These actions – but not limited to these – would be considered a breach of this agreement).
You have the right to disallow Showreels Australia from displaying the final product on their website or professional reel of work should you be dissatisfied with it and feel it to be counter-productive to self-promotion (Please refer to section entitled ‘Disputes’), however, there would be no value to us in showing substandard work, so there is little danger of such exposure being anything but favourable.
5.1 Client Responsibilities
The client must agree to the Showreels Australia logo appearing at the end of their reel. Removal or any attempt to remove this logo will be in breach of rules specified in 5.2
5.2 Client Limitations
Although the showreel is yours to reproduce, distribute and use for promotion (in any way you see fit, not in breach of Part 5), Showreels Australia will assume that you agree not to cause or permit the modification, reverse engineering, translation, disassembly, or decompilation of, or otherwise to attempt to alter the footage, whether in whole or in part (except to the extent permitted in this agreement). You will not obfuscate, alter or remove any copyright, trademark or other proprietary notice or legend on or in the showreel and associated documentation and will include all such markings in all copies of such printed materials.
You may not re-capture, re-edit or alter the footage or sound in any way other than outlined in 5.0. Any attempt to do so will be considered a deliberate breach of this agreement and legal action will be pursued. Showreels Australia trusts that the client understands that this is for quality control purposes and serves only to be in the best interests of both parties.
Showreels Australia recognises that the use of a small section of the showreel scene may be used within a large compilation assembly edit of a client’s existing material. You may use sections of your showreel within other arranged existing material to create a compilation edit and in this case are not required to display the Showreels Australia logo.
The client agrees not to download a web based file or open a supplied high or low resolution MP4, remove the Showreels Australia logo and then further distribute the showreel without the Showreels Australia logo. This would be a breach of this agreement and 5.2
You warrant that Showreels Australia is the creator of this online content, and that you are purchasing the ‘final product’ only, as specified in correspondence between yourself and us. You understand that under no circumstances will we provide you with ‘raw footage’, ‘unedited files’, or ‘rushes’, unless requested and agreed to by us in written correspondence. Any reference made by us in correspondence or conversation to ‘footage’ will always refer to the final, complete, and locked off edit. By allowing yourself to be filmed, Showreels Australia will take it as implied that you agree to these terms.
5.2 Permissible Usage (Showreels Australia)
Unless expressly stated otherwise by the client, Showreels Australia reserves the right to display their showreel online and use it in part or full to demonstrate their work and promote their business.
If, upon viewing the showreel the client decides to withhold permission for it to be used in Showreels Australia’s promotion material, they only need expressly state so in written form to us. Upon receiving such correspondence, Showreels Australia will remove the client’s work from their site and promotional material as soon as is within reason. (Eg: Stills from a showreel scene used on flyers, for instance, could be redesigned, but all flyers in circulation could never reasonably be recalled).
5.3 Showreels Australia’s Responsibilities
Showreels Australia has the obligation to provide the client with the services and product(s) as outlined in Part 2 of this agreement, by the dates agreed upon prior to commencement of shooting.
Part 6 – Reasonable Expectations
6.0 Client’s Expectations
It is reasonable for the client to assume that Showreels Australia will perform the services and deliver the products paid for in a timely, courteous and professional manner. All care will be taken to protect the safety of the client and their possessions, though no responsibility can be taken for damaged, lost or stolen goods during the rehearsal or shooting process.
6.1 Showreels Australia’s Expectations
It is considered reasonable by Showreels Australia to expect that the client will conduct themselves in a similar fashion to the points outlined in 6.0.
In addition, we shall expect that the client will attend all scheduled rehearsals on time, learn lines perfectly and dedicate themselves to the scene in the manner of a professional. (Frequent lack of punctuality, tardiness, lack of commitment and arriving at a shoot under the influence of drugs and or alcohol or use of such substances during a shoot is all unacceptable.)
6.2 Travel, Wardrobe & Catering, Location
It is understood to be the client’s responsibility to provide their own wardrobe for the day, as it is expected that the client bring along their own snacks and/or water. Though they may offer, Showreels Australia is under no obligation to supply the client with such provisions.
The client must provide a suitable location for shooting and have all necessary permissions from the owner or council. The client agrees to act as the location manager in a film production environment and be responsible at the conclusion of shooting for making sure that the location is free from damage and rubbish and returned to the original state prior to shooting.
The client agrees that any distractions related to the location chosen must be dealt with in a professional manner and that additional shooting time will not be allocated by Showreels Australia due to such distractions unless otherwise stated or agreed upon.
Showreels Australia will use the location in any way and form to produce the best results for the client agreeing to any restrictions issues by the owner, council or client and will adhere to OH&S safety standards assumed in any film production environment.
It is understood to be the client’s responsibly to find public or private transport to and from the chosen location and the client agrees that requesting transport from a Showreels Australia crew member is not appropriate unless otherwise arranged.
The client agrees to pay any parking costs incurred by the Showreels Australia production crew immediately or as previously arranged. The client agrees that any metered or timed parking that results in a crew member or members halting shooting to move a vehicle or re-fill a parking metre is included in the overall shoot time allocated and that no Showreels Australia crew member should be expected to receive a parking fine or infringement due to a shoot schedule. The client agrees to pay any parking fine or infringement incurred as a result of shooting by any Showreels Australia crew member. (Unless that crew member is responsible for that that fine or infringement.)
The client agrees that the prices quoted individually and listed publicly on the Showreels Australia website do not include costing for extensive travel time or distance outside of the general CBD and surrounding suburbs unless otherwise stated. Travel distance that extends further than 50km from the CBD will incur additional fees to cover crew reimbursements for petrol, general ware and tear on vehicles and travel time. The client also agrees to reimburse any unavoidable toll charges as a result of travel to a shoot location.
Part 7 – Disputes
7.0 Good Faith
By reading this agreement and providing a deposit payment, the client acknowledges that Showreels Australia is acting at all times in good faith to provide the highest quality service(s) and product(s) to them.
The client also agrees that any potential dissatisfaction arising from anything other than failure to provide tangible services outlined in this agreement will be considered a difference in opinion only and Showreels Australia cannot be held accountable in any way to the client’s subjective view.
Under no circumstances, other than a demonstrable breach of this agreement on our behalf, will Showreels Australia agree to refund the client’s payment (in part or full) or re-shoot the client’s scene.
You agree that Showreels Australia is free from liability for all damages, losses, costs or expenses incurred or suffered by us arising from any claims, except in cases where such loss is caused by a negligent or wilful act or omission by us.
7.2 Dispute Resolution
Any disputes regarding the execution of the showreel (from pre to post production and delivery) should be raised with Showreels Australia prior to speaking to any other party. If a mutually satisfactory agreement cannot be reached, either party is entirely free to seek outside support (be it legal or otherwise).
Any difficulties arising for Showreels Australia due to a client’s actions or breach of this agreement will be met with the same respect.
Showreels Australia’s client database and all information relating to your name, banking or contact details are kept in the strictest confidence. We will never distribute, share or sell client details to anyone unless legally obliged to provide details to a law enforcement agency.
Part 9 – Scene Partner Policy
Any scene partner participating in a Showreels Australia shoot warrants that Showreels Australia is the creator and owner of this online content, and that the client is purchasing the ‘final product’ only, as specified in correspondence between them and us. Scene partners are entitled to a full resolution copy of the final, complete and locked off product, and under no circumstances will the scene partner be provided with ‘raw footage’, ‘unedited files’ or ‘rushes’, unless otherwise agreed upon in writing by both parties. The scene partner’s appearance in the final product will be viewable in the public domain (including, but not limited to Youtube and Facebook), and the scene partner acknowledges that by allowing themselves to be filmed, Showreels Australia will take it as implied that the scene partner agrees to these terms.