Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM LALA MEDIA PTY LTD TRADING AS THREADED FILMS
1. Definitions & General Terms
In these Terms and Conditions, the terms ‘Threaded Films,’ ‘we,’ ‘us,’ ‘our,’ and ‘ours’ refer to LALA Media Pty Ltd, an Australian registered limited liability company trading as Threaded Films. The terms ‘client’ and ‘customer’ refer to the party commissioning and/or funding the work, as well as any person or organisation acting on their behalf.
These Terms and Conditions are applicable to all video and associated audio products produced by Threaded Films, encompassing all moving and still images and sound recordings in any form.
2. Pre-production Requirements
The responsibility lies with the Client to secure all necessary permissions, including, but not limited to, performances, branding, trademarked goods and logos, the use of intellectual property, imagery, sound recordings, and any other copyrighted material integral to the final video production.
Threaded Films assumes no liability for delays or failure to deliver the agreed product caused by any element within the Client’s responsibility.
In cases where copyright material is provided by the client for integration into a Threaded Films product, permission must be obtained from the original copyright owner or material provider.
The client commits to indemnifying Threaded Films against any potential future claims, disputes, expenses, or costs arising from the use of such material, without time limit.
Prior to the initiation of production work, a comprehensive production brief/costs must be approved and signed off by the Client.
3. Production and Post-production
All undertaken works will adhere to Threaded Films’ written estimate based on the agreed production brief. It is the Client’s responsibility to thoroughly read and comprehend this before confirming the booking. Any modifications or additional days of filming will be subject to charges at Threaded Films’ prevailing daily rates.
The Client is responsible for coordinating access for video and sound capture. If the Client is organising filming venues, ensuring the production crew’s clear access to all relevant locations throughout the day is the Client’s responsibility. Delays due to inadequate access or facilities may result in additional charges.
Threaded Films prioritises Health & Safety and reserves the right to withdraw personnel or equipment from a location deemed unsafe for any reason. In such instances, the Client is fully liable for incurred or subsequent costs. Threaded Films will adhere to site safety rules and liaise with the appropriate person(s) identified prior to the shoot.
4. Inclement Weather Conditions
Should adverse weather conditions, in our assessment, pose a risk to the health and safety of our personnel or equipment, or have the potential to impede the successful capture of video or audio, we retain the right to reschedule the filming to a more suitable date or time
5. Client-Induced Delays
If filming is delayed or interrupted due to the Client’s failure to adhere to the agreed-upon dates, times, access, facilities, organisation, or any other matters specified in the production brief, we reserve the right to reschedule the affected filming days and charge for any additional costs incurred. No refund or credit will be issued for costs associated with the delayed or interrupted original filming day(s).
6. Filming Schedule Changes
If the Client wishes to alter or cancel the filming date, we require a minimum of 1 week’s notice. Failure to comply will render the Client 100% liable for all costs associated with the initially scheduled dates.
7. Approval and Amendments to Draft Footage
Under typical circumstances, the Client will receive one ‘first cut’ edit for review and feedback. Two rounds of revisions are included within the agreed project cost, provided that these revisions or amendments align with the original agreed-upon brief. Additional revisions or significant re-edits will incur a charge at a rate of $800 + GST per day or part thereof.
8. Project Duration and Delivery
Any timeframe provided by Threaded Films for the duration of a design project should be viewed by the customer as an estimate. Threaded Films will make every effort to meet specific deadlines, contingent upon clear communication, prompt payment, and regular feedback from the client. In all instances, our liability will be confined to the agreed total cost of the project, deducting any costs incurred by us for work already completed within the agreed production brief. Threaded Films disclaims any responsibility for loss, damage, or costs arising from the late, erroneous, or non-delivery of the product.
9. Copyright
All Intellectual Property Rights resulting from the performance of this Agreement shall, to the extent not already vested, become the exclusive property of Threaded Films. The Customer agrees to take all reasonable steps to ensure that such rights vest in Threaded Films, including the execution of appropriate instruments or agreements with third parties.
Intellectual Property Rights for all program treatments, scripts, storyboards, concepts, and ideas created by Threaded Films shall remain the property of Threaded Films indefinitely.
Upon full and final payment for the production, Intellectual Property Rights for all media used in the final production and created by Threaded Films shall be transferred to the Customer.
Threaded Films retains the right to utilise all or part of any production for the purpose of demonstrating and promoting the services of Threaded Films, in any media format.
10. Defamation
Threaded Films will not be held liable for defamation claims against views expressed by talent in our productions. Responsibility for the views expressed lies with the Client.
11. Usage Licence – Rights to Project Content
When the Client provides material for inclusion in any project, such as logos, images, trademarks, footage, and audio, prior permission must be obtained from the original copyright holder. By accepting these terms and conditions, the Client indemnifies Threaded Films against potential claims, disputes, expenses, or similar issues arising from any breaches of copyright laws or pre-existing terms and conditions related to the material.
We reserve the right to use footage and related files from any client-commissioned project in our showreels and for promotional purposes.
Threaded Films assigns to the Client the video produced in its delivered form only. No permission is granted for altering, editing, or using the material in another production unless expressly agreed in writing.
Upon receipt of all cleared funds in our bank account and provided the Client is not in breach of these Terms and Conditions, the Client is granted a perpetual usage licence for the delivered video material.
We retain the right to use our copyright material for any legal purpose, including within projects for other clients, unless an exclusive licence is granted to a Client, or the material contains trademarks, specific intellectual property, or imagery copyrighted by the Client
12. Payment
Our payment terms require settlement within 14 days from the date of the invoice, and the Client acknowledges and accepts these terms upon confirming an order.
We reserve the right to charge late payment fees on overdue invoices.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if payments do not adhere to agreed credit terms.
The Client is responsible for all collection or legal fees arising from late or default in payment. Threaded Films retains the right to withhold delivery and any granting or continuation of usage licences for ongoing work if accounts are not current or overdue invoices remain unpaid in full. Any licence grants for our copyright material are conditional upon receiving payment in full, inclusive of outstanding additional costs, taxes, expenses, fees, charges, or costs related to administration changes.
Upon receipt of a confirmed order or instruction to proceed by any means, the Client deems all stated Terms and Conditions in this document acceptable. This document constitutes an agreement between the Client and Threaded Films under Australian law.