1. Introduction
These Terms & Conditions ("Agreement") apply to all equipment rental, editing services, and related products provided by Filmed By Studios, ABN 53 897 579 283 ("Filmed By", "we", "us", "our") to the Client ("you", "your").
By making a booking, paying a deposit, or using our services, you agree to be bound by this Agreement.
The Client confirms they are at least 18 years of age and have the authority to enter into this Agreement.
2. Services
Filmed By Studios provides:
Camcorder and event equipment rental
Wedding and event content capture kits
Editing and post-production services
Digital delivery of films and footage
We do not provide filming services or operate equipment during events.
3. Booking and Payment
A booking is confirmed only when:
This Agreement is accepted; and
A 25% non-refundable booking retainer is paid.
The remaining balance is due no later than 30 days before the event date.
Failure to pay may result in cancellation without refund of the retainer.
All prices are in Australian Dollars (AUD).
4. Payment Authorisation
The Client authorises Filmed By Studios to charge the payment method provided at the time of booking for any amounts payable under this Agreement, including late return fees, equipment replacement costs, repair costs, and additional editing charges.
Filmed By Studios will make several attempts to contact the Client before charging any late fees or replacement costs, and will provide written notice of the amount and the date it will be processed before any charge is applied.
5. Cancellation and Date Changes
The booking retainer is strictly non-refundable.
If cancellation occurs more than 90 days before the event, any amounts paid beyond the retainer may be refunded at Filmed By's discretion.
Cancellations within 90 days of the event are non-refundable.
Date changes are subject to availability. If a new date is unavailable, the booking is treated as a cancellation.
6. Non-Performance by Filmed By Studios
If Filmed By Studios is unable to supply equipment or provide services for any reason, including equipment unavailability, delivery or courier delays, equipment failure, illness, or any other circumstance, we will notify the Client as soon as reasonably practicable.
In such circumstances, Filmed By Studios will refund all amounts paid by the Client in respect of the affected booking, including the booking retainer.
To the maximum extent permitted by law, that refund is the Client's sole and exclusive remedy, and Filmed By Studios accepts no further liability of any kind, including for disappointment, distress, loss of opportunity to record the event, or any indirect or consequential loss.
Nothing in this clause excludes any rights or guarantees that cannot be excluded under the Australian Consumer Law.
7. Equipment Responsibility
The Client is fully responsible for all equipment from delivery until return and receipt by Filmed By Studios.
The Client is liable for any:
Loss
Theft
Damage
Water damage
Fire damage
Accidental damage
Failure to return equipment
Repair or replacement costs apply.
8. Return of Equipment
The Client must lodge the complete equipment kit at an Australia Post outlet, using the prepaid return label supplied, within 3 business days of the event date.
The complete equipment kit is as set out in the inventory list included with the kit.
The Client is responsible for ensuring the kit is lodged over the counter and a lodgement receipt obtained. Equipment is not considered returned until received by Filmed By Studios.
Where equipment is not lodged within 3 business days, a late return fee of $50 AUD per day applies for each day the equipment remains unreturned, reflecting the loss of use and unavailability of the kit for other bookings.
Before any late return fee or replacement cost is charged, Filmed By Studios will make no fewer than three attempts to contact the Client by email, SMS or phone over a period of at least 7 days. No charge will be applied without prior written notice of the amount and the date it will be processed.
Where equipment has not been received by Filmed By Studios within 30 days of the event date, the equipment will be deemed lost and the Client will be charged a replacement cost of $1,900 AUD for the kit, payable immediately upon demand. Late return fees cease to accrue from the date the replacement charge is applied.
Editing does not commence until all equipment and media have been received. Delivery timeframes under clause 14 are calculated from the date of receipt, not the event date.
9. Equipment Loss and Damage
The Client is liable for the full replacement or repair cost of any individual item of equipment lost, stolen, or damaged while in their possession or control.
Replacement values for individual items are determined by Filmed By Studios acting reasonably based on current market prices.
Where an entire kit is not returned, the fixed replacement cost under clause 8 applies instead.
All amounts are payable immediately upon demand.
10. Equipment Availability, Shipping Delays and Service Disruption
Filmed By Studios relies on third-party courier and logistics providers for delivery and return of equipment.
We do not guarantee delivery or return timeframes and are not responsible for delays, loss, damage, or non-delivery caused by couriers, postal services, customs, weather events, industrial action, or other circumstances outside our reasonable control.
The Client acknowledges that equipment must be delivered, received, and operational for services to proceed.
Where equipment is delayed, lost, or does not arrive in time due to circumstances outside our reasonable control, we will use reasonable efforts to provide a replacement where available but do not guarantee availability.
To the maximum extent permitted by law, Filmed By Studios is not liable for any failure or delay caused by:
courier or postal delays
loss or misdirection in transit
customs or border delays
supplier shortages
equipment malfunction or failure
transit damage
events outside reasonable control
If services cannot be provided in these circumstances, clause 6 applies.
Nothing in this clause excludes rights under the Australian Consumer Law.
11. Footage Risk and Responsibility
The Client acknowledges that Filmed By Studios supplies equipment only and does not operate equipment during events.
The Client is responsible for how equipment is used and what is recorded.
We do not guarantee that any footage will be captured, preserved, or suitable for editing.
Footage may be lost, corrupted, deleted, or damaged due to user error, equipment failure, memory issues, shipping incidents, or other factors.
The Client is responsible for the safe return of all media.
Filmed By Studios accepts no responsibility for footage lost before receipt, including during return shipping.
12. Editing Services
All editing style, pacing, structure, storytelling and creative decisions are solely at Filmed By Studios' discretion.
We are not required to include all footage or moments provided.
No revisions, amendments, or re-edits are included after delivery.
Any additional editing requested after final delivery is charged at $55 AUD + GST per 30 minutes, billed in 30-minute increments.
We may accept or decline additional editing requests at our discretion.
13. Raw Footage
Where supplied, raw footage is delivered strictly "as captured".
We do not provide:
colour grading
colour correction
stabilisation
audio enhancement
noise reduction
organisation or sequencing
Raw footage is provided without warranty and may contain imperfections or incomplete recordings.
14. Delivery
Deliverables are provided via digital download link.
Estimated delivery timeframe is 4 weeks after receipt of all equipment and footage.
Delivery times are estimates only and not guaranteed.
15. Archival
We are under no obligation to store or retain any footage or project files after delivery.
Files may be deleted at any time after delivery.
The Client is responsible for downloading and backing up all content immediately.
16. Marketing and Portfolio Use
The Client grants Filmed By Studios an irrevocable, worldwide, royalty-free licence to use any footage or content captured using Filmed By Studios equipment for:
marketing
advertising
portfolio
social media
website content
commercial promotion
If the Client does not wish for their content to be used, they must notify Filmed By Studios in writing at least 14 days before the event date. If no written notice is received, consent is deemed granted.
The Client will take reasonable steps to inform guests that the event is being filmed and that footage may be used by Filmed By Studios for marketing purposes.
If any individual appearing in footage requests its removal, Filmed By Studios will remove the relevant content from its social media, website and advertising within a reasonable time and will not use that content in future marketing.
17. Limitation of Liability
To the maximum extent permitted by law, Filmed By Studios' total liability is limited to the amount paid by the Client for the relevant services.
Nothing in this Agreement excludes any rights or guarantees that cannot be excluded under the Australian Consumer Law.
18. Privacy
Filmed By Studios collects and handles personal information in accordance with its Privacy Policy, available at filmedby.com.au.
19. Australian Consumer Law
This Agreement is subject to the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)).
Consumer guarantees apply where required by law.
20. Governing Law
This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State.
21. Entire Agreement
This Agreement constitutes the entire agreement between the parties and replaces all prior discussions or representations.
By making a booking, the Client confirms they have read, understood, and agreed to these Terms & Conditions.