TERMS & CONDITIONS

As of February 16th 2017

 

When referring to:

 

RISK KEY PRODUCTIONS or we / us / our

  • The business of Risk Key Productions and 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 or estimate, 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 or estimate, the client acknowledges and accepts the Terms and Conditions stated here.  

QUOTATIONS AND ESTIMATES

 

Risk Key Productions quotations and estimates are valid for 21 working days from the date noted on the document. After 21 working days, the quotation or estimate expires and Risk Key Productions reserves the right to:

 

  • Cancel the quotation or estimate.

  • Issue a new quotation or estimate.

  • Amend the pricing stated on the quotation or estimate.

  • Revise availability and scheduling.

 

Contact Risk Key Productions if you wish to reconsider an expired quotation or estimate. 

 

PRODUCTION

Risk Key Productions starts the pre-production of the client’s video upon completion of the following steps:

 

1. You sign and return the quotation via email to us at the address contact@riskkeyproductions.com By signing 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 production fee.

 

3. Upon our receipt of your Booking fee payment, we launch pre-production consulting, schedule production dates and start your project. 

 

4. You will work with us to plan the scheduled production dates and post-production deadlines.

  • The scheduled production dates and post-production deadlines will be finalised within 10 days of the date you signed the quotation or estimate.

  • Further changes to the scheduled production dates after timeline finalisation may incur a fee.

  • Scheduled production times that are out of business hours (9am-5pm) will incur an additional $30 fee per hour. This will be added to the total project fee.

 

5. You agree to arrange locations, spokespeople, content and props as outlined in our pre-production consultations. 

  • You will start your arrangements as soon at the scheduled production dates and post-production deadlines are finalised.

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

COMMUNICATION

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

 

  • We will only accept input, feedback and comments from the one agreed person.

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

  • 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 CANCELATIONS

Client Cancelations & 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.

  • The client 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 a production date 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 a production date 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 cancelation the clients non-refundable booking fee covers the pre-production and project administration fees. 

  • If total project cancellation is made by the client 5 business days or less from the first scheduled date we charge a cancellation fee of 10% of the total project fee in addition to the non-refundable booking fee.

  • If total project cancellation occurs anytime after the first scheduled production date we charge a cancelation fee 25% of the total project in addition to the non-refundable booking fee.

  • If total project cancellation occurs anytime after commencement of post production activities the total project fee is still owed. .

  • The client is 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. 

 

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 return your booking fee.. 

 

If Risk Key Productions totally cancels the project due to a technical breakdown:

 

  • We will return your booking fee.

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

  • If cancelation occurs due to forces beyond human control you agree to not submit damage claims and not undertake any legal action. 

 

PRODUCTION TIMELINE 

Risk Key Productions will state the estimated production timeline and labour for the project in the quotation or estimate. We set a practical production timeline based on the information provided by you.

 

  1. You agree to cooperate with us to keep the production within the proposed timeline.

  2. You agree to reply to email & phone correspondence within 3 working days to maintain the timeline.

  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 in order to maintain timeline.

  5. We state fees for optional extra work in your quotation. 

  6. You can request extra work from us. We will reply with the estimated costs and undertake this work once we receive approval from you. Additional costs will be added to the total fee. 

 

PROJECT FEEDBACK

Risk Key Productions provides the client with a preview link of the project and requests project feedback. 

 

  • You are required to deliver feedback within a week of receiving preview link. 

  • Adjustments to the project based on client feedback will be completed within the guidelines as stated in the quotation or estimate.

  • Additional adjustments beyond that stated in the quotation will incur additional costing. We will provide you with a quotation for additional costs and undertake this work once we receive approval from you. Additional costs will be added to the total fee. 

  • We will seek approval from the client that the project is finalised and ready for final delivery.  

 

FINAL PAYMENT

The client agrees to pay Risk Key Productions within 14 days of final delivery. 

 

  • We will invoice you at the same time as the final delivery of the finalised project. 

  • You agree to pay invoice in full within 14 days of final delivery. 

  • You agree to confirm receiving invoice.

  • You agree to notify Risk Key Productions one payment is submitted and provide a payment summary.

  • We will charge you a late payment fee of 10% of total fee (including additional costings) if payment goes 14 days unpaid. This fee will be calculated every 14 calendar days at 10% of the total fee. 

  • You agree to not use the project content online or offline until payment has been submitted.  

 

USAGE

  • Risk Key Productions doesn't allow footage filmed by other organisations or individuals to be featured in the clients content. 

  • The client does not have the right to any of the footage filmed by Risk Key Productions to be edited by another organisation or individual. 

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 and estimate 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 payment-in-full from you: 

  • You are granted a user license without any restrictions 

  • You have the right to use your final content online and offline and to transfer it to any other digital format without any restrictions 

  • The client is not entitled to the raw footage. 

  • The client may not edit or manipulate the finalised project.

PROMOTIONAL USE 

Risk Key Productions has the right to use the client’s final product for promotional use in the public domain. This includes: digital portfolio, websites, social media pages.

  • The final final version of your video will have a graphic title stating “Video made by Risk Key Productions” and include our logo and contact details. 

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

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

  • Additional costs will be incurred if client requests to not have the Risk Key Productions logo included in your project or client requests to not include “video by Risk Key Productions” on social media. 

  • Please 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 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.  

FINAL REMARKS 

By accepting a quotation or estimate from Risk Key Productions for creative services, you agree to Terms & Conditions stated here. Any opinions, objective or subjective criticism of the creative content will not influence the Terms and Conditions, the quotation or estimate, the timeline of work or the balance due.  

 

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 & Conditions.  

 

2. NON-REFUNDABLE BOOKING FEE: 

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

 

3. QUOTATIONS or ESTIMATES:

  • 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 signed and emailed to contact@riskkeyproductions.com for Risk Key Productions to start the project.

 

4. INITITIAL CONSULTATION MEETING:

  • An initial meeting between the client and Risk Key Productions to discuss working on a project. During this consultation Risk Key Productions will gather all the necessary information in order to provide the client with a Quotation or Estimate.  

 

5. PRE-PRODUCTION CONSULTING:

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

 

6. PRODUCTION TIMELINE:

  • A timeline established, agreed upon and finalised during Pre-Production Consulting. This timeline will establish Scheduled Production Dates and Post-Production Deadlines. 

 

7. SCHEDULED PRODUCTION DATES:

  • Scheduled dates established during the Pre-Production Consultation where Risk Key Productions and/or the client engages in production activities. 

 

8. POST-PRODUCTION DEADLINES:

  • The due date that the Finalised Project is to be delivered from Risk Key Productions to the Client. This is established and agreed upon in the Production Timeline during the Pre-Production Consultation. 

 

9. POST-PRODUCTION: 

  • The editing of audiovisual material.

 

10. RESCHEDULING:

  • The change of any agreed upon Scheduled Production Dates.

 

 

11. TOTAL PROJECT CANCELATION: 

  • 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. 

 

12. PREVIEW LINK:

  • An online link featuring a preview of the video. 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.

 

13. 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 and what Feedback Adjustments will be made will be stated in the Quotation or Estimate. 

 

14. ADJUSTMENTS:

  • Any adjustments made to the video

 

15. FINALIZED VIDEO:

  • The final content and structure of the video. This is the video in it’s final form to be delivered to the client. Upon delivery of the Finalised video and Total Project Fee received the project is complete. 

 

16. FINAL DELIVERY:

  • The Finalised Video delivered to the client in a digital format stated in the Quotation or Estimate.

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