Terms & Conditions

1 INTERPRETATION

1.1 The following terms and conditions apply to any and all jobs undertaken and completed with or as part of Empyrea Pictures and are deemed to be accepted by any and all clients, employers, or any other peoples hiring Empyrea Pictures to provide any and all video and/or photo production services.

2 SERVICES AND PAYMENT

2.1 Empyrea Pictures shall provide and you, the client, shall pay for any and all video and/or photo services agreed upon by both parties. Agreements are usually completed in the form of quotations, sent by Empyrea Pictures to the client, signed by the client, and returned to Empyrea Pictures. However other agreement arrangements may take place, these will be determined by Empyrea Pictures and will depend on a client-by-client basis.

2.2 Empyrea Pictures requires a non-refundable 20% deposit before any projects commence based upon the estimated quote determined by Empyrea Pictures. This applies unless otherwise explicitly stated by Empyrea Pictures. The purpose of the 20% deposit is to cover any pre-production fees that may incur before the commencement of the shoot.

2.3 Empyrea Pictures will typically not commence the pre-production and planning stages of a project, and any other work done outside of what is required to write up the quote, until the 20% deposit has been paid in full.

2.4 The payment process will typically follow this structure: an email will be sent including the Quotation, upon agreeing to the estimated price outlined in the Quotation the client will email back a signed and dated copy; Empyrea Pictures will then send an Invoice for the 20% deposit based upon the estimated price in the Quotation, after which this Invoice is paid in full, Empyrea Pictures will commence further pre-production, production, & post-production work; after the work has been completed and the client is happy with the produced work, Empyrea Pictures will send the final Invoice not including the original 20% and including any additional fees or expenses that may have incurred (such as those outlined in 2.6, 2.7, 2.8, 3.4, and 4.2).

2.5 An Empyrea Pictures watermark will be placed on all videos & photos until invoice/s have been paid in full. Once the invoice/s have been paid, the watermark will be removed, and the finalised version of the produced content will be given to the client.

2.6 The client may request re-edits of any videos and/or photos whereby the first re-edit will be free and every re-edit after that is a $110 additional fee. Unless otherwise explicitly agreed between Empyrea Pictures and the client. This applies to each video & each photo package.

2.7 All payments must be paid in full by the date outlined on the invoice/s. If the deadline is not met, additional fees may apply.

2.8 If behind the scenes photos are taken they may be supplied free of charge. If the client wants full and sole licencing of behind the scenes photos, appropriate charges will apply as determined by Empyrea Pictures (refer to section 3.4 for more information).

3 MATERIAL AND RIGHTS

3.1 Empyrea Pictures and its partners have full rights to any and all video and photo content produced by Empyrea Pictures. All projects made and completed with Empyrea Pictures may be used to promote Empyrea Pictures and associated partners, employees, contractors, subcontractors, and any other people working on the project across all forms of social media, websites, and/or other advertising locations.

3.2 All parties (such as those listed in section 3.1) associated with and involved in the making/producing of any projects conducted by Empyrea Pictures have rights to their contribution of the project, plus further rights which are discussed and agreed upon between Empyrea Pictures and said party on a person-by-person basis. Unless otherwise agreed.

3.3 You, as the client, have full and equal rights to any content that we produce and give to you that you have paid for with the agreed upon price.

3.4 If the client wants full and sole rights to content produced by Empyrea Pictures they may request full rights from the company, however fees will apply. Fees are subject to each individual project and its value as determined by the company. Empyrea Pictures have full rights to refuse giving or selling their rights to a piece of content produced by them if they choose to do so.

3.5 Any licencing of copyrighted material not produced by Empyrea Pictures is subject to its own licencing terms and conditions, and Empyrea Pictures has no responsibility to any licencing changes made to that material after the completion of the agreed upon project.

4 DELAYS AND CANCELLATIONS

4.1 Empyrea Pictures will give an estimated time of project completion however delays may occur, including illness and other unforeseen events. Empyrea Pictures will give its best effort to meet any deadlines. Additionally, any delays caused by the client, such as providing the necessary materials/assets to complete the work or the waiting on client feedback for projects, may affect the project timeline.

4.2 Any cancellations of projects by the client after the payment of the deposit means that the deposit is forfeited and will not be refunded. Additional fees may apply if expenses are incurred prior to cancellation through travel, gear hire outside of in-house gear, labour hire outside of in-house labour, and any other expenses outlined in the quote.

4.3 Any rescheduling of shoots and projects will be determined and negotiated between Empyrea Pictures and the client. If there is excess rescheduling by the client Empyrea Pictures holds the right to cancel the project and retain the deposit fee.

5 CONFIDENTIALTY

5.1 Empyrea Pictures will treat all project-related information as confidential, unless otherwise agreed upon between Empyrea Pictures and the client.

5.2 Empyrea Pictures may use any behind the scenes footage, or any other footage obtained during and after project development across all forms of social media, website, and any other advertising locations unless otherwise explicitly agreed upon between Empyrea Pictures and the client.

6 GENERAL

6.1 Empyrea Pictures may at any time at its sole discretion change, update, or amend these Terms and Conditions and will update them on our website accordingly. The updated Terms and Conditions will be applied to all future projects.

Last updated: 24/01/2025