TERMS & CONDITIONS

As of 10th April 2017

For T&Cs pre 10/04/17 click here.

When referring to:

 

RISK KEY PRODUCTIONS or we / us / our

  • The business of Risk Key Productions and any individuals working for this business.

 

Client or you / your

  • The organisation and the person you authorise to conduct business with us.

 

Production or Project

  • The activities, proposal and schedule described in the Quotation, Pre-Production consulting,  Pre-Production work, Production work and Post-Production work.

 

Further terminology definitions can be found at the end of this document. 

 

By accepting a Quotation, the client acknowledges and accepts the Terms and Conditions stated here.  

QUOTATIONS

 

Risk Key Productions Quotations are valid until the date of expiry noted on the document. After this date the Quotation expires and Risk Key Productions reserves the right to:

 

  • Cancel the Quotation.

  • Issue a new Quotation.

  • Amend the pricing stated on the Quotation.

  • Revise availability and scheduling.

 

Contact Risk Key Productions if you wish to reconsider an expired Quotation. 

 

PRODUCTION

Risk Key Productions will begin the Pre-Production of the your video upon completion of the following steps:

 

1. You accept and return the Quotation in writing, via email, to us at the address contact@riskkeyproductions.com By accepting and returning the Quotation you are agreeing to the Terms and Conditions as stated in this document.

 

2. We issue an Invoice for a non-refundable BOOKING FEE of 40% of the Total Project Fee.

 

3. Upon our receipt of your Booking Fee payment, we launch Pre-Production consulting, schedule Production dates and begin your Project. 

 

4. You will work with us to plan the scheduled Production dates.

  • The scheduled Production dates will be finalised within seven days of receiving your Booking Fee Payment.

  • You must notify Risk Key Productions during the Initial Consultation if the intended shoot is to take place out of regular business hours, being 9am-5pm, prior to Risk Key Productions providing a Quotation for the Project.

 

5. You agree to arrange locations, spokespeople, content and props as outlined in our Pre-Production Consultations. 

  • You will begin your arrangements as soon as the scheduled Production dates are finalised.

  • Equipment hire, actor hire & location hire is not covered by Risk Key Productions, unless otherwise stated in the Quotation provided. If you wish for Risk Key Productions to source equipment, actors or locations for the Project, you must inform Risk Key Productions of this prior to the Quotation being issued. If it is apparent during Pre-Production Consultation that these costs are necessary or essential, a discussion will occur to determine additional client budget.

  • A fee of $75 per hour will be incurred for time spent by Risk Key Productions in sourcing equipment, actors and location, if the you fail to adhere to your agreed Pre-Production responsibilities or if you request that Risk Key Productions make these arrangements after the Quotation has been issued and accepted.

  • If hired actors are required for additional shoot days, other than their originally agreed shoot times, they will be owed an additional fee agreed upon by you and Risk Key Productions.

  • A travel fee of $40.00 will be incurred for locations outside of a 30km radius of the Sydney CBD.

  • Cost of paid parking may be included in the Quotation or will be added to the Total Project Fee.

  • Any additional fees incurred for Pre-Production activities following the issue of and acceptance of the Quotation will be discussed and agreed upon by both parties, prior commencement of said activities.

COMMUNICATION

The client agrees to choose one contact person (as the primary contact) within the organisation to discuss the Project with Risk Key Productions. 

 

  • We will only accept input, feedback and comments from the primary contact.

  • You will channel all input, feedback and comments from other people in your organisation through your chosen primary contact.

  • You will reply to email & phone correspondence within 3 working days.

  • You agree to be available for phone correspondence in the business week/hours prior to a scheduled Production date. 

 

RESCHEDULING AND CANCELLATIONS

Client Cancellations & Rescheduling 

 

In the case that the client reschedules any scheduled Production dates:

 

  • You will call us at least 5 business days in advance to reschedule to another date.

  • You will cover all of the costs associated with rescheduling. 

  • If notification is given with less than 5 business days notice a $50 Rescheduling Fee will be added to the Total Project Fee.

  • For Production activities up to 4 hours duration: If notification is given with less than 24 hours notice a $200 Rescheduling Fee will be added to the Total Project Fee. 

  • For Production activities exceeding 4 hours duration: If notification is given with less than 24 hours notice a $400 rescheduling fee will be added to the Total Project Fee.

 

In the case that the client cancels the entire Project:

 

  • In the case of total Project cancellation your non-refundable Booking Fee covers the Pre-Production and Project Administration Fees. 

  • If total project cancellation is made by you within five business days of the first scheduled Production date, a Cancellation Fee of 10% of the Total Project Fee in addition to the non-refundable Booking Fee, will be incurred.

  • If total Project cancellation occurs any time after Production activities have commenced, the Total Project Fee is owing and is to be received within seven days of cancellation.

  • If total Project cancellation occurs any time after commencement of Post-Production activities the Total Project Fee is still owed and is to be received within seven days of cancellation.

  • You are not entitled to any scripts or raw footage created during this engagement. The use of any material created by or with Risk Key Productions is prohibited. 

HIRE COSTS

  • If Project cancellation or rescheduling occurs and hire is still charged by the hire company, this cost will be added to the Total Fee owing by you. This includes equipment, actor and location hire. 

  • If Project rescheduling occurs within five business days of the scheduled Production date, any actors engaged in Production will be financially compensated with 50% of their agreed initial fee.

  • If Project rescheduling occurs within 24 hours of the scheduled Production date, any actors engaged in Production will be financially compensated with 80% of their agreed initial fee.

WET WEATHER

  • If you wish to cancel or reschedule Production activities in anticipation of inhibiting weather conditions, you must inform Risk Key Productions. For Production activities commencing before 12:00pm, Risk Key Productions must be informed of the desire to reschedule or cancel by 5:00pm on the afternoon prior to Production. For Production activities commencing after 12:00pm, Risk Key Productions must be informed of the desire to reschedule or cancel by 9:00am the morning of scheduled Production.

  • Hire policies apply to wet weather cancellations or rescheduling.

 

Risk Key Productions Cancellations

 

In the case that Risk Key Productions reschedules a scheduled Production date:

 

  • We will call to reschedule the Production day based on your availability.

  • Any costs associated with rescheduling will be covered by Risk Key Productions.

 

If Risk Key Productions totally cancels the Project:

  • We will refund you your Booking Fee or Total Project fee if applicable. 

  • If Risk Key Productions cancels a portion of a package project- the cost of that portion will be refunded in total. Work completed or ongoing will be paid in total. 

 

If Risk Key Productions totally cancels the Project due to a technological issue:

 

  • We will refund your Booking Fee.

  • You agree that no other claims will be made to or against Risk Key Productions.

  • If cancellation occurs due to forces beyond human control you agree to not submit damage claims and not undertake any legal action against Risk Key Productions. 

 

PRODUCTION TIMELINE 

Risk Key Productions will send you a Preview Link of the video for your feedback and adjustment requests, up to fourteen days after the final Production day. All subsequent Preview Links will be sent within seven days of receiving your feedback requests. Once the Preview Link has been approved by you, Risk Key Productions will send the Final Payment Invoice. The finalised high-resolution video files will be delivered once Final Payment is received.

 

  1. You agree to cooperate with us to schedule and prepare for Production, and adhere to the agreed dates.

  2. You agree to reply to email & phone correspondence within three working days.

  3. You agree to be available for phone correspondence in the business week/hours prior to a scheduled Production date.

  4. If communication is not maintained certain Production decisions may be made by Risk Key Productions.

  5. Fees for optional extra work will be stated in your Quotation.

  6. You are permitted to request additional work on a Project, that exceeds the original Quotation. We will send you a Sub-Quote, which, if accepted by you, will be added to the Total Project Fee. If the Project is cancelled by you, prior to commencement of Production activities, 40% of the Sub-Quote will be charged, along with the initial non-redundable Booking Fee for the Total Project. In this instance, we will send you an Invoice for 40% of the Sub-Quote total, which will be due within seven days.

 

PROJECT FEEDBACK

Risk Key Productions provides the client with a Preview Link of the Project and requests Project Feedback. 

 

  • Within fourteen days from the final Production date a Preview Link will be sent. If a delay is anticipated, Risk Key Productions will inform you immediately.

  • Within one week of receiving feedback requests, subsequent edits will be sent. 

  • You are required to deliver feedback within a week of receiving the Preview Link. 

  • Adjustments to the Project based on client feedback will be completed within the guidelines as stated in the Quotation.

  • Additional adjustments beyond that stated in the Quotation will incur additional costing. We will provide you with a Sub-Quote for additional costs and undertake this work once we receive approval from you. Additional costs will be added to the Total Project Fee. 

  • We will seek your approval that the Project is finalised and ready for final delivery.  

 

FINAL PAYMENT

The client agrees to make the Final Payment, as specified in the Final Payment Invoice, once the final Preview Link has been approved, and prior to receiving the finalised high-resolution video files.

 

  • We will send you the Final Payment Invoice you once you have approved the Preview Link.

  • Once we receive the Final Payment we will deliver the finalised high-resolution video files to you. 

  • You agree to make the Final Payment within seven days of receiving the Final Payment Invoice from Risk Key Productions.

  • Full Project Payment is to be received within 60 days of Production commencement, or before delivery of the finalised video (whichever comes first).

  • We will charge you a Late Payment Fee, of 10% of the Total Project Fee (including additional costings), if Final Payment has not been received by the Due Date specified on the Invoice. A 10% Fee will accumulate every seven days for late payment, from the first day that Final Payment is overdue.

  • In the event of a client delay in the way of providing feedback requests, or organising an additional shoot in conjunction with the initial shoot, Full Payment must be received within 60 days of commencement of Production, regardless of whether videos have been finalised. This also applies to Packages - Full Payment is to be received 60 days following the commencement of Production, regardless of remaining videos in the Package yet to be filmed.

  • You agree to not use the Project Content online or offline until Final Payment has been submitted.  

 

CONTENT USAGE

  • Risk Key Productions does not allow footage filmed by other organisations or individuals to be featured in the Project content, unless otherwise agreed upon by Risk Key Productions. 

  • You do not have the right to any of the raw footage filmed by Risk Key Productions.

  • Content created by Risk Key Productions is not to be edited, altered or manipulated by another organisation or individuals.

  • If you wish to use still images from content made by Risk Key Productions, it must not be altered in any manner and the image must clearly be credited to Risk Key Productions stating “Image from Video Content by Risk Key Productions". These still images must only come from the Finalised Video sent to you after Final Payment has been received. No stills from Preview Links are to be used in any manner. 

COPYRIGHT 

Audiovisual Content Supplied by the Client 

Prior to supplying audiovisual content to Risk Key Productions, the client is responsible to verify: 

  • Ownership of the rights to reproduce the supplied content. 

  • If any of the supplied content is copyright protected.

 

Audiovisual Content Supplied By Risk Key Productions

We source content and guarantee that all copyright related expenses or credits are covered within the Quotation of your project. We may use royalty-free content that requires a small credit to be included discreetly in your Project. This will be approved by you during Consultation.  

COPYRIGHT OWNERSHIP OF FINALISED PROJECT

Unless otherwise specified the creative copyright of the produced content remains property of Risk Key Productions.

You may not use any of the supplied Previews Links online or offline. 

Upon receipt of Full Payment from you: 

  • You are granted a user license without any restrictions.

  • You have the right to use your finalised high-resolution video online and offline and to transfer it to any other digital format without any restrictions.

  • YOU may not edit or manipulate the finalised Project in any manner.

PROMOTIONAL USE 

Risk Key Productions has the right to use any Finalised Video for promotional use in the public domain. This includes: digital portfolio, websites, social media pages.

  • The final version of your video will include a title card stating “Video made by Risk Key Productions” and will include our logo and contact details (see below).

  • If you wish to have a more discreet Risk Key Productions Credit in your video this will be at a fee of $10 per video (see below).

If you wish to have no Risk Key Productions Credit included in your video a $40 charge will be applied, per video.

  • If content is shared on social media, the content description must include “Video by Risk Key Productions." If the video shared on Facebook, credit must be tagged to www.facebook.com/riskkeyproductions

  • You will send Risk Key Productions a high resolution file of your logo to be used on the Risk Key Production website. 

  • You are to inform Risk Key Productions if content is confidential and we will not use it in the public domain. 

TALENT RELEASE FORMS 

The client is responsible for verifying that any person involved in the filming has agreed to be recorded. You will gather the approvals using your organisation’s procedures for interviewees, actors or anyone on site during filming. We recommend your organisation uses a Talent Release Form.  

FILMING PERMISSION

  • It is your responsibility to ensure that all permits and licences are acquired before filming in public & private locations. Risk Key Productions does not take responsibility for this or any fees associated with hire, fines or costs due to location problems. If rescheduling or cancellation occurs, Risk Key Productions' Rescheduling and Cancellation policy occurs. 

FINAL REMARKS 

By accepting a Quotation from Risk Key Productions for creative services, you agree to the Terms & Conditions stated here. Any opinions, or objective or subjective criticism of the creative content will not influence the Terms & Conditions, the Quotation, the agreed Production dates Total Project Fee.

 

TERMINOLOGY

  1. TOTAL PROJECT FEE:

  • The total fee the client owes to Risk Key Productions as stated in the Quotation, including any additional costs added due to additional work or additional fees, as stated in the Terms and Conditions.  

 

2.  NON-REFUNDABLE BOOKING FEE: 

  • 40% of the Total Project Fee as stated in the Quotation which will be paid to Risk Key Productions prior to Pre-Production Consulting.

 

3.  QUOTATIONS:

  • The document provided by Risk Key Productions that states the total cost, including optional extras, for the project to be completed by Risk Key Productions. This document is made with information provided by the client and discussed during the Initial Consultation Meeting. This document will describe the production elements required and estimated amount of production labour from both the client and Risk Key Productions. This document is to be accepted via email to contact@riskkeyproductions.com in order for Risk Key Productions to commence work on the project.

 

4.  INITITIAL CONSULTATION MEETING:

  • An initial meeting between the client and Risk Key Productions to discuss a potential project. During this Consultation Risk Key Productions will gather all the necessary information in order to provide the client with an accurate Quotation.  

 

5.  PRE-PRODUCTION CONSULTING:

  • Meetings and correspondence between Risk Key Productions and the client in order to establish Production Dates, Project contents and Production elements.  

 

6.  SCHEDULED PRODUCTION DATES:

  • Scheduled dates established during the Pre-Production Consultation where Risk Key Productions and/or the client engages in Production activities. This includes filming, audio recording and editing.

 

7.  POST-PRODUCTION: 

  • The editing of audiovisual material.

 

8.  RESCHEDULING:

  • The change of any agreed-upon Scheduled Production Dates.

9.  TOTAL PROJECT CANCELLATION: 

  • The termination of any further production labour or consultations. The Project will not be completed, nor will any audiovisual content or script be delivered to the client. 

 

10.  PREVIEW LINK:

  • An online link featuring a preview of the video, containing a time-code. This is provided to the client during Post-Production in order for the client to provide Project Feedback and for Risk Key Productions to make Feedback Adjustments to the project.

 

11.  PROJECT FEEDBACK:

  • Any feedback, comments, requests or inquiries made by the client in response to viewing the Preview Link. The guidelines and limits for this feedback, in terms of time spent re-editing parts of the video, will be stated in the Quotation. 

 

12.  ADJUSTMENTS:

  • Any adjustments made to the video.

 

13.  FINALISED VIDEO:

  • The final content and structure of the video. This is the video in its final form to be delivered to the client. Upon receipt of the Total Project Fee, the Finalised Video will be delivered and the Project is complete. 

 

14.  FINAL DELIVERY:

  • The Finalised Video delivered to the client in a digital format agreed-upon during Pre-Production Consultation.

15.  PRODUCTION

 This includes filming, shoot days, editing and audio recording. 

Risk Key Productions is committed to a policy of creating content that does not discriminate on account of ethnicity, age, sexuality, gender, physical or mental disability, or religion. We will enforce this policy and uphold the right to refuse or alter projects containing discriminatory content. 

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