terms and conditions
Filming amounts to the time that FIREBRAND MEDIA utilizes on site to capture raw footage needed to produce the agreed content for the client. The exact time can vary based on the amount of time it may take shoot or re-shoot or if FIREBRAND MEDIA feels that the film caught is adequate and meets the standard of quality.
Once both parties have agreed to a contract after initial consultation, dates will be placed including the start of the filming process once deposit has been fulfilled.
Refer to legal for filming role specifics.
Photoshoots amounts to the time that FIREBRAND MEDIA utilizes on site to capture photos needed to produce the agreed content for the client.
The exact time can vary based on the amount of time it may take shoot or re-shoot or if FIREBRAND MEDIA feels that the photos captured is adequate and meets the standard of quality.
Once both parties have agreed to a contract after initial consultation, dates will be placed including the start of the photoshoot process once deposit has been fulfilled.
Refer to legal for photography service role specifics
Editing hours happen around the clock, on and off-site. Videography services/photography services require work such as post-production analyzing, color grading, scoring, sound design and restructure, general editing of digital assets.
Once both parties have agreed to a contract, dates will be placed including the start of the editing process and the release of the digital assets once payment has been fulfilled.
The client is entitled to a first draft and a revision copy of the work if needed. In extreme cases, the client can request more editing but may include an additional fee per day spent.
Refer to legal for editing role specifics.
- 50% of the Agreed Price of the project will be payable prior to the commencement of the Services (“the Deposit”) after the first initial consultation.
- The balance will be payable within 3 days of the date of agreement of the contract.
- FIREBRAND MEDIA will not commence any pre-production activities until the Customer has paid the Deposit.
- Remaining balance must be paid before the editing process and/or release of digital assets.
- Cash, check or card is excepted.
Quotations are calculated by the pricing plan chosen and/or extra services agreed to under typical circumstances and are based on the project specifics agreed to by both parties. One round of Customer changes and/or revisions is included in each quotation.
Refer to legal for payment role specifics.
Cancellation and Refund Policy
If the Customer has engaged FIREBRAND MEDIA to provide Services on a specified date, the Customer may notify FIREBRAND MEDIA in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).
If notification of the cancellation to our Dallas videographers is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
If the cancellation is made more than 48 hours prior to the day on which FIREBRAND MEDIA has been engaged to provide the Services, the Customer forfeits the deposit.
If the cancellation is made between 48 and 24 hours prior to the day on which FIREBRAND MEDIA has been engaged to provide the Services, the Customer forfeits the deposit.
If the cancellation is made within 24 hours of the time at which FIREBRAND MEDIA has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
If the cancellation is made while FIREBRAND MEDIA is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
Any amount payable must be paid by the Customer within 30 days of the cancellation.
Once both parties have agreed to a contract after initial consultation, dates will be placed, including the start of the filming/photoshoot process. The terms above will apply to the contract calendar dates.
Refer to legal for cancellation and refund role specifics.
In these terms and conditions, unless the context otherwise requires:
1.1. CLIENT means any individual who acquires FIREBRAND MEDIA’s services wholly or predominately for personal, domestic or commercial use.
1.2. CLIENT means any person or entity requesting FIREBRAND MEDIA to provide Services.
1.3. FIREBRAND MEDIA means ( INSERT TRADE MARK AND LLC AFTER FILED)
1.5. Digital assets means still images or video images.
1.6. Agreed Fee means the fees estimated by FIREBRAND MEDIA in any quotation once accepted by the Customer.
1.7. Materials means any goods, chattels, items or things, including but not limited to; any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to FIREBRAND MEDIA for the purposes of FIREBRAND MEDIA supplying the Services.
1.8. Raw Footage means master footage recorded by FIREBRAND MEDIA as part of provision of the Services.
1.9. Services means still photo/video production and/or video marketing services and/or post-production services. This includes video SEO services, social media video production and social media video marketing services.
1.10. Job means the time when services are being provided.
2.1. These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by FIREBRAND MEDIA with any Customer in relation to the provision of Services by FIREBRAND MEDIA.
2.2. All work carried out by FIREBRAND MEDIA is on the basis that the Customer has agreed to these Terms and Conditions.
- Client Contract
If the Customer is a Client:
3.1 These conditions do not affect any rights the Customer has under Schedule 2 of the Competition and Consumer Act 2010 (Cth); and
3.2 These conditions do not affect the laws in force in the place in which the contract is made prior to the contract.
4.1. Unless otherwise noted, FIREBRAND MEDIA, it’s associates, or employees will be exclusive Photographer/Videographer(s) at the job. The Customer(s) agree that good faith co-operation and communication between them is important in obtaining a good result. Customer(s) must also notify FIREBRAND MEDIA and photographer/videographer(s) in writing if they wish to have anything photographed in a particular way. FIREBRAND MEDIA or the photographer/videographer(s) will not be held accountable for not photographing desired photo(s)/video(s), if there is no one to assist in identifying these particular details and photographs on the day. FIREBRAND MEDIA is not responsible if key individuals fail to appear or cooperate during photography, or for missed photograph(s) due to details not revealed to FIREBRAND MEDIA or beyond the photographer/videographer(s) control.
- House Rules
5.1. Customer(s) agree and understand that the photographer/videographer(s) are limited by the guidelines of the location site/venue management/government rules and Customer(s) agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the Customer(s) responsibility. If Customer(s) appears under the influence of alcohol or drugs during the job, FIREBRAND MEDIA has the right to cancel the shoot immediately due to liability and health concerns arising.
- Photograph(s) and Copyrights
6.1. Photograph(s) produced by FIREBRAND MEDIA or the photographer/videographer(s) are protected by Copyright Law (all rights reserved). Upon final payment by Customer(s), Customer(s) are allowed to display resulting photograph(s) for personal use. Said photograph(s) may not be altered or reproduced in any manner without prior written permission of FIREBRAND MEDIA. Customer(s) will receive the finished photograph(s) high resolution via digital delivery with printing rights. Customer(s) can request photograph(s) to be delivered via USB and or cloud storage location . When publishing the photos socially or commercially, FIREBRAND MEDIA must be noted as the photographer. The Customer(s) must obtain written permission from FIREBRAND MEDIA prior to the Customer(s), their associates, friends or relatives selling the photograph(s).
6.2. FIREBRAND MEDIA does not provide any unedited photograph(s) to Customer(s) as it does not represent the quality FIREBRAND MEDIA strives for. FIREBRAND MEDIA takes pride in the edited photograph(s), and photograph(s) will not be delivered if they do not meet FIREBRAND MEDIA’s quality standards. Whilst FIREBRAND MEDIA’s editing style is quite complimentary, please note below, what defines FIREBRAND MEDIA’s “edited” photograph(s). FIREBRAND MEDIA’s edited photograph(s) may include but are not limited to colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare. FIREBRAND MEDIA’s edited photograph(s) do not include retouched or photoshopped/VFX effect photograph(s). This is a separate service FIREBRAND MEDIA offers upon Customer(s) request at additional charge unless discussed and included at the time of booking. Retouching/photoshopping photograph(s) can be an art form in itself, and can require extensive, skilled work. Please note, FIREBRAND MEDIA may retouch photos within a collection. This is at FIREBRAND MEDIA’s own discretion whilst editing, and usually does not extend beyond a handful of photograph(s). e.g. FIREBRAND MEDIA may fix a large pimple or smooth the skin on what we think to be “the money shot”. For photoshopping/retouching inquiries, please get in touch with FIREBRAND MEDIA.
7.1. Quotations are calculated by the pricing plan chosen and or extra services agreed to under typical circumstances and are based on the project. One round of Customer changes and/or revisions is included in each quotation.
7.1 If the Customer instructs FIREBRAND MEDIA that significant changes and/or revisions to the scope of the Services described in a quotation are required, then FIREBRAND MEDIA shall be entitled to charge an additional Agree Fee based on a further quotation.
8.1. If the Customer has engaged FIREBRAND MEDIA to provide Services on a specified date, the Customer may notify FIREBRAND MEDIA in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).
8.2. If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
8.3. If the cancellation is made more than 48 hours prior to the day on which FIREBRAND MEDIA has been engaged to provide the Services, the Customer must reimburse FIREBRAND MEDIA for any expenses incurred by FIREBRAND MEDIA in preparation for provision of the Services.
8.4. If the cancellation is made between 48 and 24 hours prior to the day on which FIREBRAND MEDIA has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.
8.5. If the cancellation is made within 24 hours of the time at which FIREBRAND MEDIA has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
8.6. If the cancellation is made while FIREBRAND MEDIA is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
8.7. Any amount payable pursuant to clauses 8.3, 8.4, 8.5 or 8.6 must be paid by the Customer within 30 days of the cancellation.
The Customer will pay to FIREBRAND MEDIA the Agreed Fee in the following manner:
9.1. 50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and
9.2. The balance will be payable within 7 days of the date of any interim or final invoices submitted in respect of the
9.3. FIREBRAND MEDIA will not commence any pre-production activities until the Customer has paid the Deposit.
9.4. If any FIREBRAND MEDIA invoice or part thereof is not paid within 7 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate specified pursuant to Section 2 of the Penalty Interest Rates Act 1983 (Vic).
- Variations (additional quotation applies)
10.1. FIREBRAND MEDIA will provide the Customer with one (1) ‘draft copy’ of an initial edited photograph(s) file. The Customer must notify FIREBRAND MEDIA of all proposed changes within seven (7) days of receipt of the draft copy by the Customer.
10.2. Once the proposed changes have been made, FIREBRAND MEDIA will provide the Customer with a ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation.
10.3. The Customer must notify FIREBRAND MEDIA of any errors in the final draft copy within seven (7) days.
10.4. Once the seven (7) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed, FIREBRAND MEDIA may refuse to make any further changes.
10.5. The Customer acknowledges that some changes may not be possible.
- Venue Location Fees & Permissions
11.1. The Customer must obtain any necessary consent or permission and pay any fees which may apply for FIREBRAND MEDIA to film at a particular venue, location or event.
- Artistic Licence
12.1. The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. FIREBRAND MEDIA reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by FIREBRAND MEDIA on request (see clause 7 – variations above).
- Customer’s Materials
13.1. All Materials are used and stored by FIREBRAND MEDIA solely at the Customer’s risk and FIREBRAND MEDIA is under no obligation to insure any Materials.
13.2. Neither FIREBRAND MEDIA nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;
13.3. FIREBRAND MEDIA will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with FIREBRAND MEDIA, even though such person is present during and involved with the performance of the Services; and
13.4. The Customer must retain a master copy of each and every recording delivered to FIREBRAND MEDIA for the purposes of the contract.
- Customer Acknowledgements
The Customer acknowledges and agrees that:
14.1. FIREBRAND MEDIA will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by FIREBRAND MEDIA will be transferred to the Customer until the Customer pays all amounts due to FIREBRAND MEDIA in full.
14.2. The Customer acknowledges and agrees that upon payment of all outstanding invoices due to FIREBRAND MEDIA, the Customer is entitled to receive the finished works, but has no entitlement to the working files of FIREBRAND MEDIA.
14.3. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by FIREBRAND MEDIA are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of FIREBRAND MEDIA, its employees and subcontractors.
- Model Release
15.1. The Customer hereby grants to FIREBRAND MEDIA and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photograph(s) of the job or customer in which the customer may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction and to copyright the same. The Customer hereby release FIREBRAND MEDIA and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to FIREBRAND MEDIA’s use of said photograph(s) or videos.
- Completion Schedule
16.1. Photograph(s) are expected to be edited within 1-2 weeks after the photo shoot date. Digital Delivery is expected within this time frame but may take longer.
- Customer Undertakings and Warranties
17.1. The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer photograph(s).
17.2. The Customer indemnifies and holds FIREBRAND MEDIA harmless from any claims or legal actions related to the content of the Customer’s video.
17.3. The Customer hereby indemnifies and holds harmless FIREBRAND MEDIA against all loss, damage, costs or expenses suffered or incurred by FIREBRAND MEDIA as a result of any breach of clauses 17.1 and 17.2.
- Project Delays and Client Liability
18.1. Any estimate of the date by which FIREBRAND MEDIA will complete any part of the Services is contingent upon the Customer(s) providing complete instructions to FIREBRAND MEDIA and fully cooperating with FIREBRAND MEDIA until FIREBRAND MEDIA has ceased providing Services to the Customer.
18.2. The Customer(s) must appoint a person who has complete authority to provide instructions to FIREBRAND MEDIA and respond to requests for feedback until FIREBRAND MEDIA has ceased providing Services to the Customer.
18.3. The person appointed pursuant to clause 18.2 must be available to respond to communications from FIREBRAND MEDIA on every day which is a business day in Dallas, TX.
19.1. FIREBRAND MEDIA reserves the right to sub-contract any Services that FIREBRAND MEDIA has agreed to perform for the Customer as it sees fit.
- Recorded Material
20.1.1. The Raw Footage, video files, audio files and edited video files including all copyright remain the property of FIREBRAND MEDIA until full payment is made for the Services.
20.1.2. Where Services remain unpaid or in the event that a final agreed payment is not made, FIREBRAND MEDIA reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
20.1.3. Copyright in all video, photograph(s), audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by FIREBRAND MEDIA will remain the property of the author or legal entity owning the copyright
20.2. Special Provisions for Ownership
20.2.1. FIREBRAND MEDIA reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to FIREBRAND MEDIA.
20.2.2. FIREBRAND MEDIA has the right to use edited or unedited photograph(s)/video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between FIREBRAND MEDIA and the Customer. The copyright of such segments will belong exclusively to FIREBRAND MEDIA.
20.3.1. Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid in full, FIREBRAND MEDIA reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
20.4. Raw Footage (Videos Only)
20.4.1. The Customer may purchase Raw Footage in viewable format for an additional fee. If the Customer requires any Raw Footage to be provided by way of a separate hard disk, then Customer must pay FIREBRAND MEDIA an additional storage fee agreed to by both parties.
- Failure of Equipment or illness of FIREBRAND MEDIA employees and contractors
21.1. Whilst all reasonable care and preparation is taken for photographer/videographer(s) and editors, FIREBRAND MEDIA will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by FIREBRAND MEDIA or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
- Right of Refusal or Termination
22.1. FIREBRAND MEDIA reserves the right to terminate the provision of Services, if: the photographer/videographer(s), or any person(s) employed or contracted by FIREBRAND MEDIA is placed in a position where there is an actual or apparent risk of injury; or There is a risk that any of the equipment used may be damaged.
22.2. If FIREBRAND MEDIA terminates the provision of Services pursuant to clause 22.1 then any Deposit paid by the Customer is non-refundable.
22.3. Should any of the circumstances outlined in clause 22.1 occur, FIREBRAND MEDIA may seek compensation from the Customer for any loss or damage suffered.
- Limitation of Liability
23.1. The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, FIREBRAND MEDIA will not be liable for:
23.2. Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by FIREBRAND MEDIA in writing, and the liability of FIREBRAND MEDIA for any such matters is hereby excluded.
23.3. Where (and to the extent) permitted by law the liability of FIREBRAND MEDIA for a breach of a Non-excludable Right can be limited, FIREBRAND MEDIA’s liability is limited, at FIREBRAND MEDIA’s option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again.
23.4. Notwithstanding any other provision, FIREBRAND MEDIA is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
23.5. Any increased costs or expenses;
23.6. Any loss of profit, revenue, business, contracts or anticipated savings;
23.7. Any loss or expense resulting from a claim by a third party; or
23.8. Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
- Force Majeure
24.1. If FIREBRAND MEDIA cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, pandemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then FIREBRAND MEDIA’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
- Legal Costs
25.1. The Customer will be liable for any legal costs incurred by FIREBRAND MEDIA in the recovery of unpaid invoices on an indemnity basis.
26.1. All information received by FIREBRAND MEDIA from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
- Other Matters which Affect the Contract
27.1. The laws of Texas apply to the Contract and the Customer must bring any proceedings against FIREBRAND MEDIA in a Texas Court.
27.2. If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.
27.3. FIREBRAND MEDIA is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for FIREBRAND MEDIA.
28.1. FIREBRAND MEDIA reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.