Terms & Conditions

1. Introduction

1.1 These Terms and Conditions govern the provision of video production services by Fourth Wall Distribution Pty Ltd t/a YourFilm (ABN 52 154 438 212, “YourFilm,” “we,” “our,” or “us”) to the Client (“you,” “your”) and apply to all services provided by YourFilm unless otherwise agreed in writing.

1.2 These Terms and Conditions are governed by the laws of New South Wales, Australia. By engaging YourFilm, you agree to these Terms and Conditions.

2. Definitions

2.1 “Agreement” means the contract between YourFilm and the Client comprising these Terms and Conditions and any attached schedules, quotes, or written variations.

2.2 “Services” means all video production services provided by YourFilm, including but not limited to pre-production, production, post-production, and delivery of video content.

2.3 “Materials” means all content, including but not limited to scripts, videos, footage, music, images, and other media created, supplied, or used by YourFilm in connection with the Services.

2.4 “Work” means the final video produced by YourFilm as a result of the Services provided, including any derivatives of that video.

3. Services

3.1 YourFilm agrees to provide the Services to the Client as described in the Quote and/or Proposal provided to the Client.

3.2 Any changes to the scope of Services must be agreed upon in writing and may result in additional charges.

3.3 YourFilm will use reasonable efforts to meet agreed deadlines, but will not be liable for delays caused by events beyond our control.

3.4 Storage of Client Data and Footage unless the Client is enrolled in the YourAssets asset management program with YourFilm, all footage and video assets will be stored for a maximum of 24 months from the date of final delivery. After 3 months from job completion, all project assets will be moved to deep archive. A fee of $300 will apply to retrieve assets from deep archive, and YourFilm will require a minimum of 24 hours to unarchive and bring the assets back into production.

4. Fees and Payment

4.1 The Client agrees to pay the fees for the Services as specified in the Quote/Proposal.

4.2 A non-refundable deposit of 50% is required upon acceptance of the Quote and/or Proposal. The remaining balance is billed three (3) weeks after shoot date, or date production commences if there is no shoot for the project.  

4.3 All invoices are payable within 14 days of the invoice date unless otherwise specified in writing.

5. Intellectual Property

5.1 Ownership of the Work and any derivatives of the Work will transfer to the Client upon final delivery, provided that full payment of all fees has been received.

5.2 Until full payment is received, YourFilm retains ownership of the Work and any derivatives thereof.

5.3 Upon full payment and final delivery, the Client will hold all intellectual property rights in the Work and any derivatives, with the right to use, modify, and distribute as agreed upon in the Quote/Proposal.

5.4 YourFilm retains the right to use the Work and any derivatives for promotional purposes, including on our website, social media, and in showreels, unless otherwise agreed in writing.

6. Client Obligations

6.1 The Client agrees to provide YourFilm with all necessary information, materials, and approvals to perform the Services.

6.2 The Client warrants that they have obtained all necessary rights, licences, and permissions for any third-party content provided to YourFilm for use in the Services.

6.3 The Client agrees to indemnify and hold YourFilm harmless from any claims, damages, or expenses arising from the use of third-party content provided by the Client.

7. Cancellations and Rescheduling

7.1 If the Client wishes to cancel or reschedule the Services, they must provide written notice to YourFilm.

7.2 Cancellation fees may apply as follows:

• More than 48 hours before the agreed shoot date: 20% of the total fee (in the event that creative and pre-production work has commenced).
• Less than 48 hours before the agreed shoot date: 50% of the total fee.

7.3 Rescheduling requests are subject to availability and may result in additional charges.

8. Liability and Warranties

8.1 YourFilm will use reasonable care and skill in providing the Services.

8.2 Except as required by law, YourFilm excludes all warranties, whether express or implied, regarding the Services.

8.3 To the extent permitted by law, YourFilm’s liability for any loss or damage arising from the Services is limited to the amount paid by the Client for the Services.

8.4 YourFilm will not be liable for any indirect, consequential, or special damages, including loss of profits, arising from the Services.

9. Confidentiality

9.1 Both parties agree to keep all confidential information received from the other party confidential and not to disclose it to any third party without prior written consent.

10. Dispute Resolution

10.1 If any dispute arises under this Agreement, both parties agree to attempt to resolve it through good faith negotiations.

10.2 If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation before commencing any legal proceedings.

11. Termination

11.1 YourFilm may terminate this Agreement with immediate effect if the Client fails to pay any amount due under this Agreement or breaches any other term of this Agreement.

11.2 Upon termination, the Client must immediately pay any outstanding fees for Services rendered up to the date of termination.

12. Force Majeure

12.1 YourFilm will not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, strikes, or government action.

13. General

13.1 This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, representations, or understandings.

13.2 Any amendments to this Agreement must be in writing and agreed by both parties.

13.3 If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.

13.4 This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.