TallMan Media Pty Ltd (‘TallMan Media’)

Terms of Service

1. Acceptance of Terms
   By booking, purchasing or using any services provided by TallMan Media, you agree to be bound by these Terms of Service. These Terms apply to all services unless otherwise agreed in writing.
   

2. Services and Pricing
   TallMan Media provides photography, videography, editing and related media production services.
   
   Scope and pricing may vary due to a variety of factors, including but not limited to, Legacy clients, usage rights, portfolio work, retainer or exclusivity discounts and seasonal or rush pricing.
   
   Changes made to scope, brief or requirements after quoting may incur additional costs or associated fees or a change to the quoted price.
   
   Two rounds of revisions are included as standard unless quoted otherwise. After these revisions are provided to the Client, additional changes or revisions are subject to additional fees, charged at an hourly rate. The Client will be notified prior to the commencement of changes and provided with an estimate of the additional works.

3. Bookings and Payments
   Bookings are subject to availability. Quotes remain valid for the stated period, or 14 days, whichever is longer. Payment terms are those specified in the applicable quote or invoice. By engaging TallMan Media the Client acknowledges that invoices are due 14 days after issue date. Services may be suspended where invoices remain unpaid. Late fees may apply to unpaid invoices and may be charged at a set rate or percentage of the full project amount.

4. Exclusivity
   Where a client has entered into an exclusive service arrangement with TallMan Media, the client must not engage another provider for substantially similar services during the agreed period without TallMan Media's prior written consent. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

5. Cancellations
   TallMan Media allocates resources in reliance on confirmed bookings. Cancellations made within 24 hours of a scheduled booking may incur a cancellation fee or loss of deposit up to 50% of the booking value at TallMan Media's discretion. Repeated cancellations or unreasonable rescheduling may result in refusal of future bookings.
   
   Additional costs such as equipment hire, subcontractor availability or location deposits may also be charged.
   
   Bookings rescheduled due to weather may be made up to 72 hours prior to the shoot date unless communicated otherwise.
   

6. Right to Refuse Service
   TallMan Media may refuse, suspend or discontinue services where a client acts unlawfully, abusively or inappropriately, where requested services expose TallMan Media to legal, reputational or safety risks, where these Terms are breached, or where TallMan Media otherwise reasonably considers it inappropriate to continue providing services.
   
   In the event TallMan Media refuses service in line with these Terms, TallMan Media at its sole discretion may withhold and retain any deposits, or payments either in part or in full as compensation for current work completed. This includes pre and post production.
   

7. Intellectual Property
   All raw footage, original files, project files, source files, production assets and unedited material remain the exclusive property of TallMan Media unless otherwise agreed in writing. Copyright in all raw material remains with TallMan Media.
   
   Raw files, footage, project files, unedited materials and supporting assets will not be provided unless agreed to in writing prior to the commencement of the production and at the sole discretion of TallMan Media. Additional Fees may apply for access to these materials.

   
   In the instance a Client is provided with a contact/proof sheet, these unedited images must not be shared or published by the client or third party, regardless of platform or medium.

   Unused versions or previous revisions are considered to be unlicensed and remain property of TallMan Media and The Client must not release or reuse these previous versions.
   
   Media provided by TallMan Media will not be used to create or train AI Models or LLMs. This includes the creation of derivative works such as image to video, subject removal, reframing, enhancement using AI or AI Tools.
   

8. License to Use Deliverables
   Upon full payment, TallMan Media grants the client a non exclusive, non transferable licence to use the final edited deliverables for the client's business, marketing and promotional purposes in line with predetermined usage requirements and timelines. Should the usage exceed this, Tallman Media reserves its rights. Clients must not sublicense, sell, redistribute, claim ownership of, or use the content for unrelated third party projects without written consent.

   In the event the requested and quoted deliverables are Raw or Unedited in nature, TallMan Media retains ownership and copyright of materials and grants a non exclusive, transferable licence to the Client. Usage of Raw Materials is to be limited to the originally intended end Client and may not be used outside of this scope.
   
   Images, videos or materials including behind the scenes content captured of TallMan Media staff or contractors will not be used in showcase or portfolio work of anyone but the end Client or TallMan Media without prior permission and written approval. In this event, credit must be given to TallMan Media.

9. Use of Material
   TallMan Media may reuse, licence, publish or otherwise exploit raw footage, behind the scenes content and unused, and used production material for portfolio, promotional or commercial purposes. Final commissioned deliverables will not be resold unless agreed in writing.
   
   TallMan Media may hold un-edited raw footage, photos and other materials, including final and delivered assets up to thirty (30) days after sign off from client, or forty five (45) days after last communication regarding the project from TallMan Media. After which, TallMan Media will not be responsible for the storage of these materials.
   

10. Confidential Information
    TallMan Media's workflows, templates, editing methods, creative processes and other proprietary business information are confidential. Clients must not disclose or exploit such information.

11. Client Responsibilities
    Clients are responsible for providing timely instructions, obtaining required permissions, ensuring the accuracy of supplied information and complying with applicable laws.
    
    Clients will provide a brief prior to the production with all included specifications and requirements, as well as requested deliverables. Changes and updates may be made if provided up to two (2) business days prior to the commencement of the production and are subject to clause (2).

    Interpretation of any brief provided by the client is accepted and TallMan Media will not be held responsible for misinterpretation or omission of information. Clients may at their own discretion provide a representative to be present for the duration of the production to ensure alignment (not including pre-production/post-production).
    
    Expansion of scope of works requested during production must be made to the head of production or to the lead creative of the shoot in writing by the Client. Any additional works are not guaranteed until done so in writing by TallMan Media and are also subject to clause (2).

12. Independent Contractor
    TallMan Media operates as an independent contractor and may engage subcontractors to assist in providing services.

13. Limitation of Liability
    To the maximum extent permitted by law, TallMan Media is not liable for indirect, consequential or economic loss, including loss of profits, reputation, opportunity or anticipated savings. TallMan Media's total liability arising from the provision of services is limited to the total fees paid for the relevant services. TallMan Media is not responsible for delays or failures caused by events beyond its reasonable control.

14. Australian Consumer Law

    Nothing in these Terms of Service excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that the client may have under the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law (ACL) where it would be unlawful to do so. Where the ACL permits TallMan Media to limit its liability for a breach of consumer guarantee in relation to services supplied, TallMan Media’s liability is limited, at its sole discretion to:

    Supplying the services again; or

    Paying the cost of having the services supplied again

15. Indemnity
    Clients indemnify TallMan Media against claims, losses, damages, liabilities and expenses arising from materials supplied by the client, the client's use of deliverables, breaches of these Terms or unlawful conduct.Clients also indemnify TallMan Media against all claims, losses, damages, liabilities and expenses arising out of or in connection with the production, except where limited by law.

16. Privacy
    TallMan Media may collect and use personal information as reasonably necessary to provide services and comply with legal obligations.

17. Changes to These Terms
    TallMan Media may amend these Terms of Service from time to time. Updated Terms apply to bookings made after the revised Terms are published or otherwise provided to clients.

18. Governing Law
    These Terms are governed by the laws of New South Wales, Australia.