Video Production Terms & Conditions
Illumin8 Productions ABN 67 277 272 560
Last updated: August 2026
1. Definitions
1.1 "Company" shall mean Glen Family Trust t/a Illumin8 Productions (ABN 67 277 272 560), its successors and assigns, or any person acting on behalf of and with the authority of the Company.
1.2 "Client" shall mean the person, firm, or corporation (including their agents and/or representatives) acquiring Services from the Company, jointly and severally if there is more than one.
1.3 "Services" shall mean all video production services supplied by the Company to the Client, including but not limited to pre-production, filming, editing, colour grading, motion graphics, animation, sound design, and delivery of final media.
1.4 "Project" shall mean the specific video production engagement as described in the quotation, project brief, or invoice provided by the Company.
1.5 "Deliverables" shall mean the final edited media files delivered to the Client upon completion of the Project.
1.6 "Raw Materials" shall mean any unedited footage, audio recordings, project files, and working files created during the Project.
2. Basis of Contract
2.1 These terms apply exclusively to every contract for the supply of Services by the Company to the Client and cannot be varied or supplanted by any other conditions without the prior written consent of the Company.
2.2 Any written quotation provided by the Company is an invitation only. A contract is formed upon the Company's written acceptance of the Client's order, or upon commencement of Services, whichever occurs first.
2.3 The Company may, in its absolute discretion, refuse to accept any order from a Client.
2.4 Additional terms contained in a quotation or project brief are incorporated into these terms provided they are not inconsistent with them. In the event of conflict, the quotation or project brief prevails on matters of scope and specification; these terms prevail on all other matters.
3. Intellectual Property
3.1 All intellectual property rights relating to footage, graphic design, animation, or other creative work produced by the Company pursuant to these terms (the "Intellectual Property") remain the property of the Company except to the extent agreed in writing.
3.2 Upon receipt of full payment, the Client is granted a perpetual, non-exclusive licence to use the Deliverables for the purposes specified in the project brief or quotation. If no specific purpose is stated, the licence extends to all reasonable commercial uses by the Client.
3.3 Until notified otherwise in writing by the Client, the Company retains a revocable licence to use the Deliverables for portfolio, showreel, awards submissions, case studies, and promotional purposes.
3.4 The Client must not remove, obscure, or alter any copyright or intellectual property notices placed by the Company on any materials.
3.5 Ownership of the Deliverables does not transfer to the Client until full payment has been received by the Company.
4. Performance & Timelines
4.1 Any period or date for delivery of Services stated by the Company is an estimate only and is not a contractual commitment. The Company will use its best reasonable endeavours to meet estimated dates but will not be liable for any loss or damage arising from failure to meet an estimated date.
4.2 The Client warrants that it will respond to all queries, feedback requests, and approval stages in a timely manner and provide all necessary materials to allow the Company to perform its obligations. Unreasonable delay by the Client will not affect the Company's entitlement to payment.
4.3 If Client delays exceed fourteen (14) days on any approval stage or material provision, the Company reserves the right to invoice for work completed to date and reschedule the remaining Services at its discretion.
5. Changes in Scope
5.1 If the Client desires any changes or variations from the agreed script, storyboard, brief, or work in progress, and such changes result in additional costs, the Company will notify the Client of the amount before any additional costs are incurred.
5.2 The Company shall proceed with changes only after receiving approval (written or verbal) from the Client. Such approval shall be binding and incorporated into the terms of the agreement.
5.3 Reimbursement for additional costs shall be payable in accordance with the payment terms of this agreement.
6. Payment
6.1 The Client shall pay the Company the Price for the Services as follows:
- Projects below $5,000: 100% payable prior to commencement of Services, or as otherwise agreed in writing.
- Projects $5,000 to $10,000: 50% upfront prior to commencement; 50% payable upon delivery of final Deliverables.
- Projects above $10,000: One-third on acceptance of quotation; one-third on commencement of production; one-third on delivery of final Deliverables.
6.2 Payment is due within fourteen (14) days of invoice date unless otherwise stated on the invoice.
6.3 If the Client fails to pay any amount by the due date, interest shall accrue daily at a rate of 2.5% per calendar month, compounding monthly, from the due date until payment is received.
6.4 If the Client defaults in payment, the Client shall indemnify the Company from and against all costs and disbursements incurred in pursuing the debt, including legal costs, solicitor's fees, and collection agency costs.
6.5 Payment may be made by direct bank transfer, card payment, or any other method agreed between the parties.
6.6 GST and other applicable taxes shall be included in the Price unless otherwise indicated.
7. Review & Approval
7.1 Edits will be presented for Client approval at each stage of production. If revisions are required, a request must be communicated in writing (email is acceptable).
7.2 Two (2) rounds of revisions are included unless otherwise specified in the quotation or project brief. Additional revision rounds will be charged at the Company's standard editing rate.
7.3 The Client acknowledges that previews may be provided in formats, resolutions, or colour spaces that differ from the final output, and that minor differences in colour, compression, or rendering between preview and final delivery do not constitute a defect.
7.4 If the Client does not respond to a review request within fourteen (14) days, the current version shall be deemed approved.
8. Cancellation & Postponement
8.1 If through circumstances beyond the control of the Company, the Company is unable to provide the Services, the Company may cancel the order by written notice without liability.
8.2 Client cancellation is subject to the following:
- Cancellation more than two (2) weeks prior to the scheduled commencement of production: no charge applies.
- Cancellation less than two weeks but more than one (1) week prior to commencement: up to 10% of the Project value may be charged.
- Cancellation less than one (1) week prior to commencement: up to 50% of the Project value may be charged, plus any out-of-pocket expenses already incurred by the Company.
- Cancellation after commencement of production: all work completed to date is payable at the quoted rate, plus any out-of-pocket expenses incurred.
8.3 Postponement requests will be accommodated where reasonably possible. If postponement requires the Company to reschedule other commitments, reasonable rescheduling fees may apply.
9. Content Retention
9.1 The Company will retain Raw Materials for a period of three (3) months following delivery of the final Deliverables, after which the Company reserves the right to delete or archive them without notice.
9.2 Extended storage beyond three months may be arranged by written agreement and may incur a storage fee.
9.3 The Client is responsible for maintaining their own backup of all Deliverables after delivery.
10. Contingency & Weather Days
10.1 A contingency day is any scheduled production day that cannot proceed due to circumstances beyond the control of the Company, including but not limited to:
- Adverse weather conditions inconsistent with the prescribed shooting requirements;
- Injury, illness, or absence of client-supplied elements (e.g. key talent, products, access);
- Force majeure events (earthquake, fire, flood, pandemic, government-imposed restrictions, acts of war, civil unrest, industrial action);
- Client-requested re-shoots or additional days (authorising additional expenditure).
10.2 The Company will apply accepted industry cancellation practices and will endeavour to minimise contingency day liabilities.
10.3 A contingency day cost (as a "not to exceed" per-day figure) will be quoted where applicable. This figure does not include premiums for crew or suppliers should the contingency day fall on weekends, public holidays, or premium days.
11. Technical Requirements & Delivery
11.1 Unless otherwise specified in the project brief, Deliverables will be provided in the Company's standard delivery format (ProRes 422 HQ or H.264 as appropriate, 1920x1080 or 3840x2160, 25fps).
11.2 Additional delivery formats, platform-specific exports, or re-renders beyond the agreed scope may incur additional charges at the Company's standard editing rate.
11.3 Deliverables will be provided via digital file transfer. Physical media delivery (USB, hard drive) is available on request and may incur a delivery fee.
12. Risk & Insurance
12.1 All risk in the Deliverables passes to the Client upon delivery.
12.2 The Client assumes all risk and liability for loss, damage, or injury to persons or property arising out of the publication, use, or distribution of the Deliverables, whether used singularly or in combination with other content.
12.3 The Company holds current public liability insurance. Details are available on request.
13. Liability
13.1 Except as specifically set out herein, any term, condition, or warranty in respect of the quality, fitness for purpose, or performance of the Services, whether implied by statute, common law, trade usage, or otherwise, is hereby expressly excluded to the extent permitted by law.
13.2 The Company's maximum liability howsoever arising under or in connection with the Services shall not exceed the Price paid by the Client for the specific Project giving rise to the claim.
13.3 The Company is not liable for any indirect or consequential losses or expenses suffered by the Client or any third party, including but not limited to loss of revenue, profits, business, goodwill, or anticipated savings.
13.4 Nothing in these terms is to be interpreted as excluding, restricting, or modifying the application of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other applicable legislation which cannot be excluded.
14. Client Warranties & Responsibilities
14.1 The Client represents and warrants that:
- It shall pay the Company promptly in accordance with these terms;
- It shall provide full and timely instructions, materials, and approvals to enable the Company to perform the Services;
- All material and information provided to the Company is accurate and complete, and does not infringe any third-party intellectual property rights, moral rights, or privacy rights;
- It has obtained all necessary licences, consents, and permits required in relation to the Services and the use of the Deliverables;
- It shall not use the Deliverables for any unlawful purpose or in any manner that is defamatory, obscene, misleading, discriminatory, or in breach of any applicable law or regulation;
- It shall provide the Company and its crew with safe and reasonable access to any premises required for the performance of Services.
15. Indemnification
15.1 The Client shall indemnify the Company to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages, and expenses arising from the Client's breach of any provision of these terms, or from the Client's use of the Deliverables in a manner not authorised by these terms or the project brief.
16. Confidentiality
16.1 Each party acknowledges the confidentiality of the other party's confidential information. Neither party will gain a right or interest in the other party's confidential information other than for the purposes of fulfilling its obligations under these terms.
16.2 Each party must keep all of the other party's confidential information confidential and only use it for the purposes of this agreement. This obligation does not apply to information which:
- was in the public domain when provided, or later enters the public domain through no fault of the receiving party; or
- the party is obliged by law to disclose, provided that it has first advised the other party of this obligation where reasonably practicable.
17. Privacy
17.1 The Company is bound by the Privacy Act 1988 (Cth). All personal information obtained in connection with the Client will be collected, stored, used, disclosed, and destroyed in accordance with the Australian Privacy Principles.
17.2 Personal information collected will only be used for the purpose of providing the Services, maintaining the business relationship, and for marketing communications from the Company (which the Client may opt out of at any time).
18. Sub-Contractors
18.1 The Company may, at its discretion, engage appropriately skilled independent sub-contractors, freelancers, or other third parties to perform some or all of the Services. The Company remains responsible for the quality and delivery of the Services regardless of sub-contracting arrangements.
19. Force Majeure
19.1 Neither party shall be liable for any failure or delay in performing any obligation under this agreement if the failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, pandemic, government-imposed restrictions, civil unrest, industrial disputes, fire, flood, or equipment failure not caused by negligence.
20. General
20.1 If any provision of these terms is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
20.2 These terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
20.3 The Company may assign or transfer all or any part of its rights under this agreement. The Client shall not assign or transfer any rights without the prior written consent of the Company.
20.4 The failure by either party to enforce any provision shall not be treated as a waiver of that provision.
20.5 The Company reserves the right to revise these terms at any time. Changes take effect from the date the Client is notified. Existing projects in progress continue under the terms agreed at the time of engagement.
20.6 These terms, together with any quotation, project brief, or invoice, constitute the entire agreement between the parties and supersede all prior representations, agreements, or understandings.