Terms & Conditions

This Agreement contains the entire understanding between Lumiere and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add to, or change this Agreement is to do so in writing, signed by both parties.

1. 1.SERVICES
   ​Lumiere agrees to provide services to produce Digital Content as agreed and described in the Project deliverables. Lumiere hereby agrees to perform Videography and/or Photography Services for the Client in a professional, workmanlike manner and agrees to honour the project scope, and the terms and conditions outlined in this agreement. Lumiere will retain digital files of the Digital Content for 1 year from the day of delivering the final deliverables.
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2. 2.AGREEMENT
   ​The Client must ensure that all instructions and expectations (or variations of such) are included or otherwise agreed in writing at least two weeks prior to the Date.
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3. 3.PAYMENT
   ​A 50% installment is required as a booking fee upon acceptance of this agreement before any further Pre-Production, Production or Post-Production begins. The remaining 50% will be invoiced upon the delivery of the 1st round of revisions. Each invoice will be payable within 21 days, and any late payments will incur overdue interest at a rate of 2% per week after 7 days of the invoice due date.
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4. 4.COPYRIGHT
   ​The copyright in all Digital Content resulting from the production remains the property of Lumiere. Lumiere and the Client have agreed to these standard terms to override section 21(3) of the Copyright Act 1994.
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   ​Lumiere grants the Client a non–exclusive Licence to use those parts of the Digital Content selected by Lumiere and presented to the Client, however, this Licence does not include the right to sell the Digital Content or any part of the Digital Content. The Client may license any or all of the Digital Content from Lumiere’s selection.
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   ​The Client acknowledges that the purpose of the creation of the Digital Content includes the right of Lumiere to:
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   ​(a) Enter the Digital Content into industry competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
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   ​(b) Advertise or otherwise promote Lumiere’s Work, including on social media; and
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   ​(c) Submit the Digital Content for display at art galleries or other premises; and
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   ​(d) Use the Digital Content for any other purpose within Lumiere’s business activities.
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   ​Lumiere shall remain the owner of the Digital Content and the Client shall be supplied with the Digital Content for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at Lumiere’s normal prices at the time of the request
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5. 5.RESTRICTION ON MODIFICATION
   ​The Client agrees not to alter or manipulate the final Digital Content (for example, by applying filters) unless Lumiere has agreed to the particular alteration in writing.
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6. 6.COMMENCEMENT OF LICENCE
   ​This Licence to use, and the right to use, the Digital Content comes into effect from the date of full payment under this contract, except where Lumiere gives express written permission.
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7. 7.ATTRIBUTION
   ​Lumiere asserts their moral rights in respect of the Digital Content and any reference to the Digital Content shall be accompanied by full attribution to Lumiere in a form to be approved by Lumiere.
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8. 8.INTEREST
   ​Any monies not paid in full in accordance with clause 7 may be charged with interest at a rate of 2% per week overdue.
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9. 9.INDEMNITY
   ​The Client undertakes to indemnify Lumiere for any loss, damage, or expense (including costs as between solicitor-client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any monies due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
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10. 10.CANCELLATION OR POSTPONEMENT
    ​Where the Client cancels or postpones the event described, the Client must pay, at Lumiere’s discretion, the amounts that have already been invoiced or are due, regardless of whether the appointment is attended or not. Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at Lumiere’s discretion, cancellation or postponement.
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    ​Cancellations or changes to production may occur due to unforeseen circumstances out of the control of both the Client and Lumiere. This includes, but not limited to; late cancellation of filming days, client cancellations or delays, ‘no-shows’ of provided talent, changes in locations, legal issues with unsigned releases for the property, people or any other events outside of our control. In the event of a cancellation Lumiere will cover its costs from the booking fee paid at the beginning of the project. The Client may be liable to reimburse Lumiere for any other costs induced due to the cancellation or postponement of production.
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11. 11.CONFIDENTIALITY
    ​The Client must advise Lumiere as to whether any material or information communicated to him/her is of a confidential nature. Lumiere will keep confidential material or information communicated to him/her in confidence for the purposes of the content, except where it is reasonably necessary to enable Lumiere to carry out his/her obligations in relation to the Booking.
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12. 12.BREACH OF INTELLECTUAL PROPERTY
    ​The Client shall fully indemnify Lumiere in respect of any claims, costs, or expenses arising out of any illegal or defamatory Digital Content produced for the Client or any infringement of an intellectual property right of any person.
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13. 13.CONTENT CREATOR NOT LIABLE FOR LOSSES
    ​Except as provided for by the Consumer Guarantees Act 1993 Lumiere shall not be liable for:
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    ​(a) Any loss or damage arising by reason of any delay in the completion of
    ​the Digital Content; or
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    ​(b) Any loss of profits; or
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    ​(c) Any indirect or consequential loss of whatever nature; or
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    ​(d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by Lumiere of any of its obligations or from any cancellation of the Booking or from any negligence on the part of the Content Creator.
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14. 14.LIABILITY LIMITED
    ​Lumiere’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of professional services by Lumiere, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client.
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    ​In the highly unlikely event of a severe medical, natural, or another disaster, Lumiere may be unable to deliver the outlined deliverables on time. Under this Agreement, Lumiere will make every professional effort to maintain communication and find a way to honour the agreement. If an event does occur that prevents Lumiere from completing the project scope, liability is limited to the return of all payments received for the project only. Lumiere takes the utmost care with respect to capturing, processing, and backing up content using professional-grade equipment and professional-grade backup equipment. However, in the highly unlikely event that content becomes lost, stolen, or destroyed for reasons beyond our control, liability is limited to the return of all payments received for the project and will not be accountable for any other compensation to the Client. In no event shall Lumiere be liable for special, incidental, consequential, or punitive damages.
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15. 15.TERMINATION
    ​Effective termination of this agreement by the Client must be in writing and give reasonable notice to Lumiere. The Client must compensate Lumiere for all amounts due in accordance with the proposed production (including the proportion of the Booking that has been completed at the date of termination). Upon receipt of such notice from the Client, Lumiere must take immediate steps to bring the production services to a close.
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16. 16.FORCE MAJEURE
    ​Neither the Client nor Lumiere shall be liable for any loss or damage arising directly or indirectly due to an act of God, re, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather, or any other cause outside Lumiere’s control.
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17. 17.MUSIC LICENSING
    ​Lumiere will source appropriate music for the Clients video edits and agrees to cover the licensing fees for any content delivered online under our existing Musicbed, and Art-list.io subscription licenses. The Client understands that there may be additional fees related to the licensing of music for any video production intended to be shown in areas other than online, such as TV and Cinema placements. The Client will be made aware of these costs before any additional licenses are purchased. 
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18. 18.DATA HOSTING & PROCESSING
    ​Lumiere will backup and host all of the data for this project for a complimentary 12 months from the signing of this agreement. After the 12 month period has lapsed, an ongoing hosting fee (billed annually) will be optional for the client to cover the costs of hosting this data on our servers. ​
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    ​This hosting fee is calculated at a rate outlined below:
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    ​​$40 per terabyte (1000gb) per year. Once you exceed 1TB you will be billed for 2TB and so on.
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    ​​If you do not wish for Lumiere to host your data on our servers, we can provide everything on a hard drive. Please let us know via email [email protected] and we can arrange a quote for you.
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19. 19.VIDEO EDIT REVIEWS
    ​After the first stage of Post-Production, a draft version of each video will be delivered to the Client for an online review. The Client may request changes to each video and the second stage of editing will take place. After the second stage of editing, the final videos will be submitted, and the final invoice for the remaining 50% issued to be paid within 2 weeks. The Client understands the project estimate only covers the Post-Production time for this one revision round. After that revision round has taken place, if further editing is required, this falls outside of this project agreement and will occur an additional hourly editing cost of $85+gst/hour. Each editing change after the first round of revisions will incur a minimum charge of 1 hour. The client also understands that each additional revision round takes extra time and this could affect the final delivery timeline and cause the project to be delayed.
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20. 20.PHOTO EDIT REVIEWS:
    ​After the first stage of Post-Production, a draft gallery of each photo will be delivered to the Client for an online review. The Client may request changes (subject to basic editing: cloning, colour correction, cropping and/or rotation) to each photo and the second stage of editing will take place. After the second stage of editing, the final photos will be submitted, and the final invoice for the remaining 50% issued. The Client understands the project estimate only covers the Post-Production time for this one revision round. After that revision round has taken place, if further editing or retouching is required, this falls outside of this project agreement and will occur additional editing costs, $90+gst/hour. Each editing after the first round of revisions will incur a minimum charge of 1 hour.  The client also understands that each additional revision round takes time and this could affect the final delivery timeline and cause the project to be delayed.

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DEFINITIONS

Licence: Is a right granted by Lumiere to the Client to use the copyright works of Lumiere on the terms set out above.

Content Creator: Means a Photographer, Videographer, Assistants and includes employees or sub-contractors.

Digital Content: Includes all photographs, video, animations, graphics and digital assists created by Lumiere.