Cinema Advertising 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 Glen Family Trust.

1.2 "Cinemas" shall include any cinema or cinema complex that is independent of Company and through which Company markets and sells advertising. "BIGSCREEN Cinemas" shall mean Hervey Bay Cinemas Pty. Ltd. trading as BIGSCREEN Cinemas in Hervey Bay.

1.3 "Advertiser" shall mean the advertiser (or any person acting on behalf of and with the authority of the business advertising with Company) as described on any quotation, work authorisation, or other form provided by Company to the Advertiser.

1.4 "Services" shall mean all services (including, but not limited to, display schedules and production of advertising material) supplied by Company and Cinemas to the Advertiser, and includes any advice or recommendations.

1.5 "Price" shall mean the price payable for the Services as agreed between Company and the Advertiser in accordance with Clause 5 of this contract.

2. Acceptance

2.1 Any instructions received by Company from the Advertiser for the supply of Services, and/or the Advertiser's acceptance of Services supplied by Company and the Cinemas, shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Advertiser has entered into this agreement, the Advertisers shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Advertiser, the terms and conditions are binding and can only be amended with the written consent of Company.

2.4 The Advertiser shall give Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Advertiser or any change in the Advertiser's name and/or any other change in the Advertiser's details (including but not limited to changes in address, contact numbers, or business practice). The Advertiser shall be liable for any loss incurred by Company as a result of failure to comply with this clause.

2.5 The Advertiser acknowledges that this agreement does not entitle the Advertiser to any admission passes to any cinema session(s) free of charge or at a discounted rate.

3. Advertiser Responsibilities

3.1 The Advertiser shall supply Company, within five (5) business days, with any video advertising media or all guidelines, documents, and other reference material needed for the provision of the Services.

3.2 The Advertiser warrants that all material supplied to Company will:

  1. be true and correct in every particular;
  2. comply with Clause 4.2;
  3. not be, nor contain, anything that is defamatory of any person or is indecent or obscene;
  4. not breach any advertising industry standards or guidelines; and
  5. not contain nor constitute a statement that is misleading or deceptive or likely to deceive or mislead, or which is otherwise in breach of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other applicable Commonwealth or State legislation.

3.3 Company reserves the right to refuse to accept, or withdraw from display at any time, any material submitted by the Advertiser that does not comply with Clause 3.2.

3.4 Subject to Company's consent, the Advertiser may be required to resubmit any material rejected by Company under Clause 3.3, and the Advertiser shall pay all additional costs incurred by Company when processing the resubmitted material.

3.5 The Advertiser agrees to indemnify and hold harmless Company against any action taken by a third party against Company in respect of any damages relating to materials provided to Company for the purposes of the Services.

4. Intellectual Property

4.1 Where Company has designed, drawn, written, or produced material for the Advertiser, the copyright in those designs, illustrations, written or video material shall remain vested in Company, and shall only be used by the Advertiser at Company's discretion and with Company's written consent.

4.2 The Advertiser warrants that all designs, written, illustrated, or video material, or instructions to Company, will not cause Company to infringe any patent, registered design, or trademark in the execution of the Advertiser's order. The Advertiser agrees to indemnify Company against any action taken by a third party in respect of any such infringement.

5. Price & Payment

5.1 Once Company has commenced processing material provided by the Advertiser, all costs incurred by Company when processing any replacement or additional material, or in following the Advertiser's amended instructions, must be paid by the Advertiser.

5.2 The standard Display Schedule is billed in four (4) week blocks, with a preferred term of twelve (12) weeks. There is no lock-in contract; the Advertiser may cease advertising at the end of any four-week billing block by providing written notice prior to the next block roll-over.

5.3 Short-term promotional spots of one (1) or two (2) weeks are available by arrangement. These are billed as a single payment in advance and are not subject to the four-week block structure or roll-over provisions.

5.4 The Firstlight Cinema Advertising Package is excluded from Clauses 5.2 and 5.3 and is subject to its own terms.

5.5 A non-refundable payment equal to the first four (4) week block of the subscribed Display Schedule, plus the total of any production amount as provided in the estimate of works, must be paid prior to Services being commenced.

5.6 All future payments due on the subscribed advertising schedule following the first four-week block payment become payable to Company no later than three (3) days in advance of each four-week block roll-over.

5.7 Time for payment for the Services shall be of the essence and will be stated on the invoice. If no time is stated, payment shall be due seven (7) days following the date of the invoice.

5.8 Payment will be made by direct bank transfer, card payment, or any other method as agreed between the Advertiser and Company.

5.9 GST and other taxes and duties that may be applicable shall be included in the Price unless otherwise indicated.

6. Delivery of Services

6.1 Delivery of the Services shall take place in accordance with the Display Schedule provided by Company (when requested), which will include the date of commencement and the date of minimum term.

6.2 Company will confirm the commencement date for the Display Schedule with the Advertiser at the time the campaign is signed. This is dependent upon production or provision of appropriate advertising material being available to screen in the selected Cinema(s) prior to the commencement of the campaign term.

6.3 The Advertiser acknowledges that for the purposes of the Display Schedule, a four-week block or thirteen-week term of screening shall mean screening the advertising material on those days in any given period on which the Cinema(s) specified in the Display Schedule is/are open to the public (excluding film festivals, private events, preview events, and any other special events).

6.3 The Advertiser acknowledges that for the purposes of the Display Schedule, a four-week block of screening shall mean screening the advertising material on those days in any given period on which the Cinema(s) specified in the Display Schedule is/are open to the public (excluding film festivals, private events, preview events, and any other special events).

6.5 The failure of Company to deliver shall not entitle either party to treat this contract as repudiated.

6.6 Company shall not be liable for any loss or damage whatsoever due to failure by Company to deliver the Services (or any of them) promptly or at all, due to circumstances beyond the control of Company.

7. Technical Requirements

7.1 Advertising material supplied by the Advertiser must meet the technical specifications provided by Company at the time of booking. This may include resolution, codec, file format, aspect ratio, duration, and audio level requirements.

7.2 Material that does not meet the required specifications may be rejected or may require additional processing at the Advertiser's cost.

8. Risk

8.1 Once the advertising material has been delivered to the Cinema(s) for screening, risk in the delivered material passes to the Advertiser. Company retains intellectual property ownership in accordance with Clause 4 but is not liable for loss, corruption, or non-display of material after delivery to the Cinema(s).

9. Title

9.1 Company and the Advertiser agree that ownership of the Services shall not pass until:

  1. the Advertiser has paid Company all amounts owing for the particular Services; and
  2. the Advertiser has met all other obligations due by the Advertiser to Company in respect of all contracts between Company and the Advertiser.

9.2 Receipt by Company of any form of payment other than cleared funds shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised.

10. Errors & Omissions

10.1 The Advertiser shall inspect the Services on delivery and shall notify Company of any alleged defect, errors, omissions, or failure to comply with the service description. Otherwise, the Services will be deemed to have been correctly provided in full.

11. Australian Consumer Law

11.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or the Fair Trading Act 1989 (Qld), except to the extent permitted by those Acts where applicable.

12. Default & Consequences of Default

12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at a rate of two and one-half percent (2.5%) per calendar month, compounding monthly.

12.2 If the Advertiser defaults in payment of any invoice when due, the Advertiser shall indemnify Company from and against all costs and disbursements incurred by Company in pursuing the debt, including legal costs, solicitor's fees, and collection agency costs.

12.3 If payment for a four-week block is not received within five (5) days of the due date, the Advertiser's Display Schedule will be automatically suspended. Screening will resume upon receipt of payment or evidence of remittance. No extension of the Display Schedule term will be granted for the period of suspension.

12.4 If any account remains overdue after thirty (30) days, an administration fee of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall become immediately due and payable.

12.5 Without prejudice to Company's other remedies at law, Company shall be entitled to cancel all or any part of any order which remains unfulfilled, and all amounts owing to Company shall become immediately payable in the event that:

  1. any money payable to Company becomes overdue, or in Company's opinion the Advertiser will be unable to meet its payments as they fall due;
  2. the Advertiser becomes insolvent, convenes a meeting with its creditors, or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Advertiser or any asset of the Advertiser.

13. Cancellation

13.1 The Advertiser may cancel their Display Schedule at any time by providing written notice to Company prior to the commencement of the next four-week billing block. Cancellation takes effect at the end of the current paid block.

13.2 No refund is payable for any portion of a four-week block already commenced.

13.3 All production costs incurred remain payable regardless of cancellation.

13.4 This clause does not apply to the Firstlight Cinema Advertising Package, which is governed by its own terms and conditions.

14. Privacy

14.1 The Advertiser agrees that personal and/or company information provided may be used and retained by Company for the following purposes (and for other purposes as agreed or required by law):

  1. provision of Services;
  2. marketing of Services by Company, its agents, or distributors;
  3. analysing, verifying, and/or checking the Advertiser's credit, payment, and/or status;
  4. processing of any payment instructions or direct debit facilities; and
  5. enabling the daily operation of the Advertiser's account and/or collection of amounts outstanding.

14.2 Company may provide information about the Advertiser to a credit reporting agency for the purposes of obtaining a consumer credit report and/or maintaining a credit information file.

15. Force Majeure

15.1 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, pandemic, epidemic, government-imposed restrictions, storm, or other event beyond the reasonable control of either party.

15.2 In the event that a Cinema is temporarily closed due to a Force Majeure event, the Advertiser's Display Schedule will be paused for the duration of the closure. The remaining term will resume upon reopening, with no additional charge to the Advertiser for the paused period. No refund is payable for the paused period where the Advertiser has already received screening prior to the closure.

16. General

16.1 If any provision of these terms and conditions shall be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected.

16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

16.3 Company shall be under no liability whatsoever to the Advertiser for any indirect loss and/or expense (including loss of profit) suffered by the Advertiser arising out of a breach by Company of these terms and conditions.

16.4 In the event of any breach of this contract by Company, the remedies of the Advertiser shall be limited to damages which under no circumstances shall exceed the Price of the Services.

16.5 The Advertiser shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Advertiser by Company.

16.6 Company may license or sub-contract all or any part of its rights and obligations without the Advertiser's consent.

16.7 Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change, that change will take effect from the date on which Company notifies the Advertiser of such change.

16.8 The failure by Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Company's right to subsequently enforce that provision.