This Agreement is made effective as of the date of acceptance of a quote or invoice, by and between Henry Sheahan Productions (hereinafter referred to as "the COMPANY") and the accepting party (hereinafter referred to as "the CLIENT").
1. Entire Agreement
This Agreement constitutes the entire understanding between the COMPANY and the CLIENT and supersedes all prior or contemporaneous agreements, discussions, or understandings, whether written or oral. Any amendments or additions to this Agreement must be made in writing and agreed to by both parties. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. A waiver of any provision shall not constitute a waiver of any other provision.
2. Safety
The COMPANY reserves the right to terminate services and leave any location if the videographer or crew experiences inappropriate, threatening, hostile, or unsafe behaviour, or if working conditions are deemed unsafe. In such circumstances, the COMPANY shall not be liable for incomplete coverage, and no refund shall be required.
3. Shooting Time
The CLIENT and the COMPANY acknowledge that cooperation and punctuality are essential. Shooting commences at the scheduled start time and concludes at the scheduled end time as outlined in the agreed quote. Delays caused by the CLIENT or associated parties do not extend the agreed shooting time unless otherwise agreed in writing.
4. Expenses
Unless otherwise stated in writing, the COMPANY is responsible for standard meal and local transport costs associated with the production. Additional expenses (including but not limited to travel outside the metropolitan area, accommodation, parking, tolls, or special access fees) may be charged to the CLIENT if agreed in advance.
5. Responsibilities and Limitations
The COMPANY is not responsible for compromised or missed coverage due to circumstances beyond its control, including but not limited to: late arrivals, weather conditions, venue restrictions, lighting limitations, obstructions, incorrect information supplied by the CLIENT, or actions of third parties. The COMPANY is not liable for failure to capture specific moments unless explicitly listed as deliverables in the agreed quote.
6. Venue and Location Limitations
The COMPANY is subject to the rules and restrictions of venues and locations. The CLIENT accepts any resulting limitations. Obtaining permissions or negotiating restrictions is the CLIENT's responsibility. The COMPANY may provide technical recommendations but is not responsible for enforcement or approval.
7. Permits and Permissions
The CLIENT is responsible for obtaining all necessary permits, permissions, and approvals required for filming at any location.
8. Copyright and Usage Rights
All photographs and video content created by the COMPANY remain the intellectual property of the COMPANY under applicable copyright law.
Upon full and final payment, the COMPANY grants the CLIENT a non-exclusive, perpetual license to use the delivered content for the purposes outlined in the agreed quote. The CLIENT may not sell, license, alter, or redistribute the content outside the agreed scope without prior written consent.
The COMPANY retains the right to use the content for its own marketing, portfolio, showreel, website, and promotional purposes unless otherwise agreed in writing.
9. Talent and Model Release
The CLIENT confirms they have the authority to grant the COMPANY permission to capture and use footage of all individuals appearing in the production. The CLIENT is responsible for informing participants and securing any required releases unless otherwise agreed in writing.
10. Limit of Liability
In the event the COMPANY is unable to perform services due to illness, injury, equipment failure, or other circumstances beyond its control, liability shall be limited to a refund of fees paid for the affected services.
The COMPANY is not liable for loss or damage to digital files after final delivery or beyond twelve (12) months from delivery, whichever occurs first.
11. Capture and Delivery
The COMPANY does not guarantee delivery of every image or clip captured during production. Final deliverables are limited to those specified in the agreed quote.
12. Post-Production and Editing
Editing style, colour grading, pacing, music selection, and overall creative direction are at the discretion of the COMPANY, unless specific requirements are agreed in writing prior to commencement.
13. Revisions
The CLIENT may request revisions to the PROJECT(S) in accordance with the revision allowances outlined in the agreed quote.
Unless otherwise stated in writing:
- Revisions are limited to reasonable changes to the existing edit and do not include changes to project scope, structure, creative direction, or deliverables.
- Requests for additional revisions beyond those included in the quote will be billed at the COMPANY's standard rate of $150 ex GST per hour, rounded to the nearest 15 minutes.
Revisions requested after final approval, or changes resulting from new or revised instructions, incomplete or inaccurate information supplied by the CLIENT, or delays caused by third parties, may be treated as additional work and billed accordingly.
14. Payment Terms
A 50% deposit is required to secure booking and commencement of work. The remaining balance is due upon completion of the project or prior to delivery of final assets, unless otherwise stated. Final deliverables will not be released until full payment has been received.
15. Pricing
All pricing must be agreed upon in writing prior to commencement. Any changes to scope or additional work requested may result in additional fees.
16. Abandoned Projects
If the CLIENT becomes unresponsive or fails to provide required feedback, approvals, assets, or communication for a period of three (3) consecutive months, the project will be deemed abandoned.
Once a project is deemed abandoned:
- The COMPANY is no longer obligated to continue work under the original timeline.
- Any future recommencement of the project may require a new schedule, updated pricing, or restart fee, at the COMPANY's discretion.
- Previously paid fees are non-refundable and will be credited only where agreed in writing.
This clause exists to account for changes in availability, workflow, storage, and operational costs over time.
17. Cancellation and Rescheduling
17.1 Cancellation by the CLIENT
If the CLIENT cancels the project or any scheduled shoot after confirmation:
- More than 14 days prior to the scheduled shoot date: any payments made will be credited towards a future project, less any work already completed.
- 7 to 14 days prior to the scheduled shoot date: the COMPANY may retain 50% of the total project fee to cover preparation, scheduling, and lost availability.
- Less than 7 days prior to the scheduled shoot date: the COMPANY may retain 100% of the scheduled shoot fee.
17.2 Rescheduling by the CLIENT
The CLIENT may request to reschedule a shoot subject to the COMPANY's availability.
One reschedule requested with more than 7 days' notice may be accommodated without penalty.
Reschedule requests made with less than 7 days' notice may incur a rescheduling fee or be treated as a cancellation at the COMPANY's discretion.
17.3 Cancellation by the COMPANY
If the COMPANY is unable to perform services due to illness, injury, or circumstances beyond its control, all payments relating to the affected services will be refunded or credited toward a rescheduled date, at the CLIENT's choice.