Terms of Service

TERMS OF SERVICE:

(Effective from date of booking) These Terms & Conditions apply to all photography, videography, editing and related media services provided by Optix Media (“we”, “us”, “our”) to the Client (“you”, “your”). By booking or engaging our services, you agree to be bound by these Terms & Conditions.

Effective 1 July 2026

1. FEES & PAYMENT

1.1 Pricing
All prices are in Australian Dollars and are GST inclusive unless otherwise stated in writing.

1.2 Payment Terms
Payment is due within 35 days of invoice date, unless alternative terms are agreed in writing.

1.3 Late Payment
Invoices not paid within 35 days will accrue interest at the Reserve Bank of Australia’s cash rate plus 2% per annum, calculated daily. Alternatively, Optix Media may refer the account to debt collection, with all collection costs borne by the Client.

1.4 Deposits
For projects exceeding $8,000 (plus GST), a 50% deposit is required before commencement. The deposit is non-refundable except in cases of Optix Media breach or cancellation by Optix Media. Balance is payable upon delivery or final sign-off.

1.5 Ownership Contingent on Payment
All ownership, copyright, and usage rights are retained by Optix Media until full payment is received in cleared funds. Clients have no rights to the Deliverables until payment is complete.

2. BOOKING & SCHEDULING

2.1 Booking Confirmation
Bookings are confirmed when Optix Media issues a written Booking Confirmation or Project Agreement. Requested dates are not guaranteed until confirmation is provided. Verbal confirmations are non-binding.

2.2 Optix Media’s Right to Decline
Optix Media reserves the right to refuse any booking at its sole discretion. Reasons include: safety concerns, unreasonable access restrictions, incomplete information, scheduling conflicts, or conflict of interest. Clients receive a full refund or rebooking credit if Optix Media declines.

2.3 Client Responsibility for Access
The Client must ensure safe, timely and unrestricted access to the property or location at the scheduled time. If access is not available (locked property, keys unavailable, uncooperative occupants), the shoot may be cancelled with 100% charges applied. The Client is responsible for coordinating access with landlords, agents, or occupants.

3. RATES, PACKAGES & ADDITIONAL CHARGES

3.1 Service Packages
Services are priced based on agreed packages, inclusions, and scope of work. Pricing is locked at the time of Booking Confirmation.

3.2 Additional Charges
The following additional charges may apply, at Optix Media’s discretion. Where capacity allows, Optix Media may choose to waive or reduce these charges: Expedited delivery (same-day turnaround): from $200 Raw file delivery (if negotiated): Minimum $1,000 Archival storage beyond 12 months: $100/project/year

3.3 Travel Fees
Travel fees apply to bookings exceeding 30 minutes’ travel time from Canberra CBD (calculated via Google Maps, off-peak). A base fee of $150 applies, with any additional travel charges quoted at Optix Media’s discretion (price on application). Travel fees are confirmed upfront before the booking is finalised.

4. CANCELLATIONS, POSTPONEMENTS & WEATHER

4.1 Cancellations within 48 hours of a scheduled shoot incur a 50% fee of the total booking.

4.2 Cancellations within 24 hours incur a 100% fee.

4.3 Postponements within 24 hours may incur a minimum rescheduling fee, depending on travel and crew allocation.

4.4 Shoots may only be rescheduled once and must be rebooked within 14 days, otherwise cancellation fees apply.

4.5 If editing has commenced, all work completed to that point is chargeable.

4.6 In the event of unsuitable weather, we may recommend rescheduling. Where weather prevents safe or reasonable delivery, no cancellation fee will apply.

4.7 Time reserved for filming or editing is non-refundable.

5. CREATIVE BRIEF & APPROACH

5.1 Creative Style
The Client confirms they have reviewed Optix Media’s portfolio and accept our creative style and artistic approach. Booking confirms acceptance of Optix Media’s direction. If dissatisfied with the delivered style, this is not grounds for refund or re-shoot, provided the work aligns with the agreed Brief.

5.2 Project Brief
A detailed Project Brief must be provided in writing before editing commences. The Brief specifies: objectives, messaging, target audience, tone, reference material, and any specific requirements. If no Brief is provided, Optix Media works from the agreed Scope of Work and industry standards. Outcomes are assessed against the Brief, not subjective preference.

5.3 Scope Changes
Changes to objectives, messaging, structure, or scope after editing has commenced are treated as new work and quoted separately. Where a change requires additional filming, reshoot fees apply as set out in clause 6.2.

6. REVISIONS & AMENDMENTS

6.1 Revision Rounds
Projects include the number of revision rounds specified in the booked package. Feedback must be consolidated into a single document per round via email. Piecemeal requests are consolidated at Optix Media’s discretion.

6.2 Reshoots
Reshoots are not included in revision rounds. If additional filming is required (whether due to a change in brief, scope, or Client request), reshoot fees apply from $250 per 15-minute booking block. Reshoot requirements and fees are confirmed before work commences.

6.3 Revision Overage
Revisions beyond those included in the booked package, or requiring substantial additional work, are chargeable. Any such charges are quoted and agreed before work commences.

7. OWNERSHIP, LICENSING & INTELLECTUAL PROPERTY

7.1 Ownership
Optix Media retains full and exclusive copyright ownership of all original creative work, including photography, videography, raw footage, colour grades, motion graphics, music, sound design, editing, and all derivative materials. Ownership is not affected by payment or project completion.

7.2 Client Licence
Upon full payment in cleared funds, Optix Media grants the Client a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use final Deliverables for marketing, promotional, internal, and lawful business purposes related to the subject property or brand.

7.3 Restrictions on Use
The Client may NOT, without prior written consent: modify, edit, remix, re-cut, or create derivatives; remove or alter watermarks or credits; use in political, religious, or offensive contexts; sublicense or transfer to third parties; or incorporate into competing services.

7.4 Attribution
The Client agrees to provide visible credit to Optix Media (e.g., ‘Video by Optix Media’) in all public-facing uses unless expressly waived in writing.

.5 Portfolio & Marketing Use
Optix Media retains the unconditional right to use completed Deliverables for portfolio, case studies, marketing, social media, and award submissions. Clients may request exclusion in writing within 7 days of delivery. Requests after this deadline cannot be accommodated.

7.6 Raw Files
Raw footage, unedited files, working drafts, and project assets are not supplied and remain Optix Media’s exclusive property. Requests for raw files are non-negotiable except via separate contract (minimum $1,000 fee, strict restrictions apply).

7.7 Duration of Licence
The Client’s licence is perpetual, provided they remain in compliance with these Terms and all payments are current. Breach results in licence revocation.

8. THIRD PARTIES & SUBCONTRACTING

Optix Media may engage subcontractors or third-party creatives as required. Subcontractors are bound by confidentiality agreements. Optix Media assumes full responsibility for all deliverables regardless of who executes the work

9. LIABILITY & INDEMNITY

9.1 Limitation of Liability
Optix Media’s total liability is limited to the fees paid for the service. We are not liable for indirect, consequential, or punitive damages, including loss of profit, lost revenue, lost business opportunity, lost rental income, marketing impact, or campaign failure.

9.2 Claims Deadline
Claims for defects or errors must be raised within 14 days of delivery. Claims raised after 14 days are deemed waived.

9.3 Client Indemnity
The Client indemnifies Optix Media from claims arising from: misuse of Deliverables; third-party infringement claims related to Client’s use; or use in unlawful or offensive contexts.

10. FORCE MAJEURE

Optix Media is not liable for failure or delay caused by events beyond our control: natural disasters, pandemics, government action, equipment failure, internet outages, illness, or third-party service failures. In such cases, projects will be postponed. If postponement extends beyond 60 days, the Client may cancel with a refund of deposits.

11. GENERAL PROVISIONS

11.1 Entire Agreement These Terms, together with the signed Project Agreement, constitute the entire agreement. No prior representations or agreements are binding unless expressly incorporated in writing.

11.2 Dispute Resolution
Disputes are resolved through good-faith negotiation. If unresolved within 30 days, parties may refer to mediation or legal proceedings in the Australian Capital Territory.

11.3 Assignment
The Client may not assign or transfer these Terms without Optix Media’s written consent. Optix Media may assign in connection with merger, acquisition, or sale of business.

11.4 Notices
All notices must be in writing to: studio@optixmedia.com.au. Notices are effective upon email receipt or 3 business days by post.

11.5 Governing Law
These Terms are governed by the laws of the Australian Capital Territory.

11.6 Variation Any variation must be agreed in writing. If any provision is unenforceable, the remainder continues in force.

Contact

For questions about these terms, please contact Optix Media at:
www.optixmedia.com.au