Part 1 – The Parties & Glossary of terms
1.0 The Parties
i) Showreels Australia and King Sound Studios may hereafter be referred to as SA & KSS. ‘Voice Over Course’, ‘Six-Week Voice Over Demo Course’, ‘Weekend Course’, ‘Classes, ‘Sessions’ and all variations on this wording refer to the joint offerings of Showreels Australia (SA) & King Sound Studios (KSS)
ii) Wherever mentioned, ‘you’, ‘your’ and ‘client’ refer to the purchaser/ participant of the course, and variations on ‘us’, ‘we’ or ‘our’ refer to SA and KSS as the combined service providers
1.1 Glossary of Terms
i) ‘Voice demo’ or ‘voice reel’ refers to the service(s) outlined in 2.0 and 2.1 of ‘Service Description’ and can be up to three minutes of your edited voice work provided via Yousendit as a .wav file
ii) ‘Final Product’, refers to the complete edited voice reel delivered via the web-based options detailed in 1.1 (i)
iii) ‘Studio’ means the actual location of King Sound Studios in the Sydney CBD. (Details to be found here: http://www.kingsoundstudios.com.au/)
i) By making any payment to us whatsoever, you signify that you agree to the terms and conditions contained herein
ii) We reserve the right to add to, alter, amend or discontinue our courses at any time. If we do, you will be alerted immediately and refunded in full (minus any portion of the goods or services already provided to you)
iii) When you agree to these terms and conditions, you warrant that, unless otherwise agreed upon by us in writing prior to the course, you will attend every session in the course you have booked, and alert us to any significant changes in your schedule if it will affect your participation
iv) Our process for resolving potential disputes is outline in Part 7 of this agreement
Part 2 – Service Description
2.0 Definition of ‘Voice over demo reel’ Unless otherwise stated in online advertising, promotional literature or in private emails to you, the following service/product description remains true.
i) Showreels Australia & King Sound Studios provide voice over industry tuition, industry guests, voice recording and voice editing services, which are primarily used to help actors procure work in the voice-over industry
ii) Voice demo reels are typically up to 3 minutes in duration and include an actor performing a number of different film, TV, or radio commercial scripts. They can, but don’t necessarily, include additional music, sound or distortion effects to mimic a finished work on radio, TV, film or the internet
iii) Our voice-over descriptions are outlined in 2.1 (i), (ii) and (iii).
2.1 What SA & KSS Will Provide Unless otherwise stated in online advertising, promotional literature or in private emails to you, the following service/product description remains true.
You will attend private, weekend or six-week sessions, populated by no more than 8 participants, and as few as one. Your voice will be recorded numerous times, you will be offered direction, advice and guidance during the reads, and you will receive one of three demos at the commencement of your sessions.
i) Private demo-build: A fully-produced voice-over demo reel, including the best of your rehearsed and recorded work, as well as exclusive scripts, music, sound effects and mastering
ii) Introductory Voice Over Weekend (Group): A group demo, including several of your voice-overs alongside your fellow participants. Scripts, music and SFX may not be exclusive, and this ‘introductory’ demo is not suitable for sending out to the industry. The days run from 10am – 4pm, both Saturday and Sunday
iii) Six-Week Voice Over Demo Reel course: Run once a week for six weeks, this course provides tuition, industry guests and a functional voice over demo reel. Though the scripts, music and FX are exclusive, the preparation time is limited to the six weeks and split between all course participants. Each classes runs for 2.5 hours
2.2 Additional staff At our discretion, Showreels Australia & King Sound Studios may employ the services of professional voice over industry members to assist in provision of your course and demo, possibly including, but not necessarily limited to:
i) Sound Engineer
ii) Voice Coach
iii) Sounds Editor
iv) Industry Guests (agent, writer, director, producer, v/o artist etc.)
SA & KSS reserve the right to expand or reduce this team in number if we believe that it can still provide at least the same level of service advertised in our brochures or online promotions.
2.3 Staff Specifics As in all areas of the course provision and beyond, you agree that SA & KSS are acting in your best interests when they select staff and industry guests.
Part 3 – Deposit and Final Payment
3.0 Deposit and Final Payment
i) The client agrees to pay the non-refundable deposit amount outlined in the related invoice and agreed upon in correspondence with SA & KSS immediately, and their transfer of the non-refundable deposit amount signifies confirmation that they will settle the final payment amount not less than one (1) week prior to the commencement of the shooting schedule. (Unless other written alternatives have been agreed upon by all parties)
ii) SA & KSS agrees to provide all services outlined in 2.1, but only after final payment has been received. We reserve the right to refuse to begin or, if begun, immediately halt all work on the client’s voice demo reel if final payment has not been made prior to the course commencement. (Once again, this may be different if other arrangements have been made with us and confirmed in writing prior to course commencement)
iii) The client must provide proof of payment for both the deposit and final payment. Proof of payment must be in the form of an approved transfer receipt from the client’s electronic funds transfer transaction screen
3.1 Deposit 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. Course Total $1000.00
Deposit amount required is $250.00
Should the client cancel or indefinitely post-pone their course before commencement, the client acknowledges that the 25% deposit amount will not be refunded. Should the client decide to continue with the course at a later date, the deposit must be paid again for acceptance into the course. (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 (1) week prior to course commencement. (Unless otherwise arranged with SA & KSS)
Eg: Shoot Package Total $1000.00
Minus deposit already paid: $250.00
Full Payment to be made: $750.00
Part 4 – Non-Payments, Cancellations and Postponement
4.0 Late Payments
SA & KSS cannot confirm your inclusion in the course until the deposit amount has been paid. The deposit allows the commencement of script-selection, scheduling and course booking stage.
Delayed and late payment of the final payment before course commencement may result in us cancelling or postponing your booking, depending on the likelihood of replacing you and/or placing you in another suitable course. Final payment must be paid not less than one (1) week in advance of a scheduled course commencement, with payment advice provided (transfer receipt). The client accepts that, unless all parties have agreed upon other written arrangements, late payment, cancellation or postponement within 7 days will result in forfeiture of all monies paid up to that point.
Should the client decide to cancel the booking before the deposit amount has been paid, no penalty or fees will be required.
Should the client decide to cancel the booking after the deposit amount has been paid, the client agrees that their deposit amount will not be refunded (except in cases where we are proven to be in clear breach of our 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 (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 their booking before the deposit amount has been paid, no penalty or fees will be required.
4.2.2 Should the client decide to postpone the booking 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 re-secure the booking (except in cases where we 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 booking 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 re-secure the booking (except in cases where we can be proven to be in clear breach of its duties as outlined in this agreement).
4.2.4 You may request postponement without penalty only due to factors related to illness that will affect the quality of your work during the final product, or circumstances beyond your control. These concerns must be expressed in writing to email@example.com as soon as they arise, and this agreement will remain binding until your receive our reply in writing.
Part 5 – Acceptable Use of Final Product
5.0 Permissible Usage (Client) You have full permission from SA & KSS to use the final product to promote themselves in the industry, in person and/or online.
You may use the demo reel in part or in full, depending on your needs at the time, as long as it is not re-edited or remastered. (Eg: A three minute demo may be cut down to two minutes, but you may not re-edit a sequence, by re-arranging the original edit, adding new music or changing the order. These actions – but not limited to these – would be considered a breach of this agreement).
You have the right to disallow us from displaying the final product on our 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’) As soon as we receive your concerns in writing we will take immediate steps to remove the material.
5.1 Client Limitations
i) Although the voice demo is yours to reproduce, distribute and use for promotion (in any way you see fit, not in breach of Part 5), you agree that the original raw files are the exclusive property of the course providers, Showreels Australia & King Sound Studios.
ii) You will receive any and all services and material promised in our online advertising, printed literature or email correspondence with you. Anything from us to you that stretches beyond this agreement may occasionally be offered a gift, but will not be expected as included in the course/demo reel provision.
iii) SA & KSS will assume that you agree not to cause or permit the modification, disassembly, or recompilation of, or otherwise to attempt to alter the demo reel, whether in whole or in part (except to the extent permitted in section 5.0 of this agreement). Any attempt to do so will be considered a deliberate breach of this agreement. We trust that you understand that this is for quality control purposes and serves to be in the best interests of you as well as SA & KSS.
5.2 Permissible Usage (SA & KSS)
Unless expressly stated otherwise by the client, Showreels Australia & King Sound Studios reserve the right to exhibit your work online and use it in part or full to demonstrate their work and promote their business.
If, upon receiving the demo reel the client decides to withhold permission for it to be used in promotional material, they only need expressly state so in written form to us. Upon receiving such correspondence, SA & KSS will remove the client’s work from their site and promotional material as soon as (and as much as) is within the bounds of reason.
5.3 Showreels Australia & King Sound Studio’s Responsibilities
SA & KSS 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 course and according to our commitment established in section 6.0.
Part 6 – Reasonable Expectations
6.0 Client’s Expectations - Courtesy & Timely Delivery
It is reasonable for the client to assume that SA & KSS will perform the services and deliver the products paid for in a timely, courteous and professional manner. You will be informed promptly of changes affecting the timing or quality of services provided.
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 operation of the course.
The client can expect to receive all promised material no longer than ten working days after their course/final session’s completion.
6.1 SA & KSS’s Expectations
It is considered reasonable by SA & KSS 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 sessions on time, learn lines if necessary and dedicate themselves to the work 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, Catering & Studio Safety It is understood to be the client’s responsibility to provide his or her own snacks and/or water. Though you may be offered, SA & KSS are under no obligation to supply the client with such provisions.
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 SA & KSS staff member is not appropriate, unless initially offerd by that staff member. Parking and any potential fines associated on the way to or from the course is solely the responsibility of the client and SA & KSS can take no responsibility for your actions in this area.
It is also understood that SA & KSS will take all possible steps to ensure the client’s safety, along with that of their property, but ultimately it is the client’s responsibility to keep his or herself out of harm’s way and keep his or her belongings safe. (As outlined in section 7.1)
Part 7 – Disputes
7.0 Good Faith By reading this agreement and providing a deposit payment, the client acknowledges that Showreels Australia & King Sound Studios 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 the goods and services outlined in this agreement will be considered a difference in opinion only and we 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 SA & KSS agree to refund the client’s payment (in part or full) or offer you a replacement course/demo reel.
7.1 Liability You agree that Showreels Australia & King Sound Studios 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 willful act or omission by us.
7.2 Dispute Resolution Any disputes regarding the execution of the course/demo (from pre to post production and delivery) should be raised with us 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 us due to a client’s actions or breach of this agreement will be met with the same respect.
Legal action is always considered by us a last resort.
Showreels Australia & King Sounds Studios’ 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. You information remains with us unless legally obliged to provide details to a law enforcement agency.