1. DEFINITIONS
 

For the purpose of this agreement, "the CLIENT" refers to the individual or entity engaging the services of MotionScape for content creation, and "COMPANY" refers to MotionScape, its representatives, employees, successors, and permitted assignees.

2. "Content" refers to all visual material provided by the Photographer, including but not limited to footage, edited clips, digital files, or any other format.
 

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2. AGREEMENT8
 

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.
 

 

3. NO ALTERATION
 

No alteration or manipulation of the Content may be made without the permission of the Photographer.
 

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4. CLIENTS MATERIALS
 

The Client accepts full responsibility for any materials they supply for use in the Content and that the materials so supplied are insured against loss, damage or liability.
 

 

5. INDEMNITY
 

The Photographer shall not be liable for any legal action, claim or damages resulting from or arising our of the publication of the Content or any other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against him including reasonable counsel fees arising from the Client's use of the Content and the Photographer's use of the materials on the instructions of the Client.
 

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6. PAYMENT
 

The Client shall pay all expenses within the timeframe indicated on invoices. The COMPANY can delay production if the invoice doesn't get paid in a timely manner.
 

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7. RESPONSIBILITY OF THE COMPANY
 

The photo and video production contains the following services taken care by the COMPANY:

• Pre-Production: project coordination, organization of crew, admin work, development of ideas. • Production: shoot incl. crew and equipment.

• Post Production: Edit, sound design, color grading, export.

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8. RESPONSIBILITY OF THE CLIENT
 

The CLIENT acknowledges the responsibility for the following:

• Final feedback within 3 business days

• Pay all invoices on time

• Ensure set and talent is ready for the shoot.

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9. OWNERSHIP AND USE OF VIDEO AND RAW DATA
 

The CLIENT is the owner of the final video and can use this video for their own company without spatial or temporal limitations. However this ownership is only transferred after all invoices are paid in full. Until that point, the COMPANY is the owner of the video.
The COMPANY is the owner of the raw data files. The CLIENT has no right to this material and/or project files. If the CLIENT wants ownership of that data, they will need to pay $1,000 AUD and the cost of the hard drive.

The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish the video for their own marketing purposes.
 

 

10. DATA BACKUPS
 

To be able to make changes to the content after the project is finished, we need to have the raw data files. They must be securely backed up at all times. We guarantee said backup for a year. Afterwards the CLIENT can extend the backup services for $200 AUD per year.

 

11. REVISION ROUNDS
 

The CLIENT has 2 rounds of revisions included in the total project budget. These two revision rounds are structured as follows:
 

Revision Round 1: Possible feedback to everything as long as it does not differ from the initial idea and agreements.
 

Revision Round 2: Feedback only to the changes made after revision round 1. If something needs to be changed even though it wasn't mentioned in revision 1, the COMPANY has the right to charge the CLIENT for the additional work.
 

 

12. CANCELLATION AND POSTPONEMENTS
 

The client is responsible for payment of all expense incurred up to the time of the cancellation. In addition, the COMPANY shall at his discretion be entitled to charge a cancellation fee equal to 30% of the Photographer's fees. If notice or cancellation is given less than 24 hours before the shoot date, the Client will be charged 100% of the Videographer's fees.
 

Weather Postponements: Unless otherwise agreed, the Client will be charged 30% of the fee if the postponement is due to weather conditions
 

on location, and 15% of the fee if postponement occurs before departure to the location.
 

 

13. PRIVACY
 

The COMPANY will keep confidential and will not disclose to any third party or make use of material
or information communicated in confidence to him for the purposes of photography except as may be reasonably necessary to carry out the work.