Terms & Conditions Turbine Media

Parties
These Terms apply to all Services supplied by Turbine Media  (ABN 80 465 712 552) of PO Box 800, Traralgon, 3844 Victoria (we/us/our) to the client named in a Quote, Work Order or Proposal (you/your).

Documents that form the Contract
(a) These Terms; (b) our written Quote/Proposal/Work Order (including any rate card and Schedule of Deliverables); (c) any approved change orders; (d) any project-specific rider (together, the Contract). If there’s an inconsistency, the most recent signed document prevails.

1. Engagement & Scope

1.1 You engage us to deliver the Services and Deliverables described in the Contract.
1.2 Pre-production, production (filming/recording), post-production, and delivery specifications are set out in the Quote/Proposal.
1.3 Any item not expressly included is excluded and may be added via a written change order at our then-current rates.

2. Fees, Expenses & Payment

2.1 Fees. Fixed fees and/or day rates are as set out in the Quote/Proposal. Crew minimums, overtime, loadings (nights/weekends/public holidays), and kit/drone rates apply as specified.
2.2 Expenses. You will reimburse pre-approved out-of-pocket costs (e.g., travel, accommodation, permits, parking, couriers, media, music/licensing). We may require prepayment for third-party costs.
2.3 Deposits & Invoices. A non-refundable booking deposit of 50% is payable to secure dates. Balance invoices are payable 14 days from date of invoice. We may withhold delivery until payment in full.
2.4 Late Payment. We may charge interest on overdue amounts, plus reasonable recovery costs. We may suspend Services for non-payment.
2.5 GST. All amounts are excluding GST as stated.

3. Changes, Overtime & Waiting Time

3.1 Changes. Material changes to scope, locations, schedules, talent, or deliverables require a written change order and may impact fees, timelines and resources.
3.2 Overtime/Delays. Overtime (beyond the agreed hours), meal penalties, or delays outside our control (e.g., late access, extended interviews) are charged at the rates in the Quote/Proposal.
3.3 Weather/Acts Outside Control. See Force Majeure (cl. 14). Weather days may incur crew/kit holding charges.

4. Cancellations & Postponements

4.1 Client-initiated:

• ≥7 business days prior: forfeit deposit, plus non-recoverable third-party costs.
  
  

• 3–6 business days prior: 50% of quoted production day fees, plus non-recoverables.
  
  

• ≤2 business days prior or on-day: 100% of quoted production day fees, plus non-recoverables.
  4.2 Postponements: If dates are moved by you: booking/holding fees and any incremental costs apply.
  4.3 Supplier cancellation: If we cancel due to illness/safety/force majeure, we’ll use reasonable efforts to reschedule; if not possible, we’ll refund unearned fees (excluding third-party costs).
  
  

5. Client Responsibilities (Permissions, Safety & Access)

5.1 Permissions. You must ensure and warrant that all required permissions, consents, waivers and releases are obtained and provided to us in writing before filming, including location access, talent releases, and where applicable, music, logos and trademarks.
5.2 Safety & Inductions. You must provide a safe workplace, site inductions, and supervision as required by law, and notify us of hazards/controls. We may refuse to operate if we consider conditions unsafe.
5.3 Accuracy & Lawfulness. You are responsible for the lawfulness and accuracy of any script, brief, or claims about your products/services. You warrant the content will not be defamatory, misleading or otherwise unlawful.

6. Drones (Remotely Piloted Aircraft)

6.1 Where we supply drone services, operations must comply with Part 101 of the Civil Aviation Safety Regulations (CASR) and the Part 101 Manual of Standards, including weather, airspace and separation rules. Operations may be limited by airspace approvals, safety assessments, or site conditions; we have sole discretion to proceed or stand-down for safety/compliance. (Civil Aviation Safety Authority, Federal Register of Legislation)
6.2 Any required airspace approvals, NOTAMs, council or land-owner permissions and related fees will be passed through to you unless otherwise agreed.

7. Privacy, Filming & Surveillance Compliance

7.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our collection will be limited to what’s reasonably necessary for the project, and we’ll take reasonable steps to protect it.
7.2 You acknowledge that covert recording is prohibited except as allowed by law. In Victoria, the Surveillance Devices Act 1999 (Vic) regulates listening/optical devices; you must ensure filming plans, audio capture and locations comply and that all necessary consents are obtained.

8. Intellectual Property & Moral Rights

8.1 Our Materials. Unless otherwise agreed in writing, we (or our licensors) own all IP in footage, edits, graphics, sound design, and project files created by us (Company IP).
8.2 Licence to You (default). Upon full payment, we grant you a non-exclusive, worldwide, perpetual licence to use the final Deliverables (as defined in the Quote/Proposal) for the purposes specified in the Contract. Project files (e.g., raw footage, project timelines) are not Deliverables unless expressly included.
8.3 Buy-out/Assignment (optional). If an assignment is agreed in writing, it takes effect on receipt of all fees (including any buy-out fee). We may retain a non-exclusive right to use short extracts for our showreel/portfolio unless you reasonably withhold consent in writing (see cl. 12).
8.4 Moral Rights. You consent to reasonable editing and adaptation of works we author; we will take reasonable steps to respect authors’ attribution and integrity rights as recognised under the Copyright Act 1968 (Cth).
8.5 Client Materials. You warrant you have all rights to supply any logos, scripts, stills, footage or music you provide to us, and you license us to use them to deliver the project. You indemnify us against claims that arise from our use of Client Materials per your instructions.

9. Music & Third-Party Content

9.1 Music. Synchronising commercial music requires a sync licence from the copyright owner/publisher. Public performance/communication may require APRA AMCOS/PPCA/OneMusic licences depending on use (e.g., exhibition, livestream, venue use). You are responsible for obtaining any end-use licences unless our Quote expressly includes licensing.
9.2 Stock & Plugins. Where we source stock footage, fonts, SFX, or plugins, usage is subject to the third-party licence terms.

10. Approvals, Revisions & Delivery

10.1 Review rounds are as set out in the Quote/Proposal (e.g., two rounds of reasonable editorial changes per video). Additional rounds or structural/script changes are chargeable.
10.2 Approvals. Your written approval at each milestone is binding. After final approval, further changes are chargeable.
10.3 Delivery. We will deliver the Deliverables in the formats and via the method specified in the Quote.
10.4 Archiving. We are not obliged to retain project files or raw footage beyond 180 days after delivery unless an archival service is purchased.

11. Warranties, Australian Consumer Law & Limitation of Liability

11.1 ACL. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in this Contract excludes, restricts or modifies any right or remedy you have under the ACL.
11.2 Unfair Contract Terms. These Terms are intended to comply with the ACL unfair contract terms regime (including the 2023 amendments introducing penalties for unfair terms in standard-form consumer/small-business contracts).
11.3 Exclusions. To the maximum extent permitted by law, we exclude liability for indirect or consequential loss (including loss of profit, revenue, or data) and for delays caused by third parties, approvals, permits, weather, or your acts/omissions.
11.4 Cap. Our aggregate liability arising out of or in connection with the Contract is capped at the fees actually paid by you for the relevant Services in the 12 months preceding the claim, except to the extent liability cannot be limited under the ACL.

12. Credits & Portfolio Use

12.1 Unless you reasonably withhold consent in writing before delivery, we may use your name/logo and short excerpts or stills of the Deliverables for our website, social media and showreel.
12.2 Where customary, you will provide an appropriate production credit in the final work (e.g., “Produced by Turbine Media”).

13. Confidentiality

13.1 Each party must keep confidential the other’s non-public information and only use it to perform the Contract, subject to legal or regulatory requirements.

14. Force Majeure

14.1 Neither party is liable for delay or failure to perform caused by events beyond reasonable control (including extreme weather, emergency services restrictions, strikes, blackout, government action, epidemic).
14.2 If force majeure continues for more than 30 days, either party may terminate the affected Services on written notice; you must pay for work performed and unrecoverable third-party costs.

15. Termination for Cause

15.1 Either party may terminate if the other materially breaches the Contract and fails to remedy within [10] business days of notice. On termination, you must pay for work performed, committed third-party costs, and any agreed kill fees.

16. Subcontractors & Assignment

16.1 We may engage qualified subcontractors/crew (remaining responsible for them).
16.2 Neither party may assign the Contract without written consent (not unreasonably withheld), except we may assign to a related entity as part of a restructure.

17. Notices

17.1 Notices must be in writing and sent to the contacts specified in the Quote/Proposal (email acceptable).

18. Dispute Resolution

18.1 If a dispute arises, the parties will first meet (virtually or in Melbourne) to negotiate in good faith.
18.2 If unresolved within 14 days, either party may refer the dispute to mediation administered in Victoria.
18.3 Nothing prevents a party seeking urgent injunctive relief.

19. General

19.1 Entire Agreement. The Contract is the entire agreement and supersedes prior discussions.
19.2 Variations. Changes must be in writing.
19.3 Severance. If a provision is unenforceable, it is severed and the rest remains in force.
19.4 Governing Law & Jurisdiction. Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.