Effective Date: 25 April 2025
Company: The Forever Media Co (“we”, “our”, “us”)
Website: forevermedia.co

These Terms and Conditions (“Terms”) govern your (“Client”, “you”, “your”) use of our website and engagement of our photography, videography and post-production services (collectively, the “Services”). By accessing the site or commissioning any Service, you agree to be bound by these Terms and all applicable laws, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (“ACL”). If you do not agree, please refrain from using our site or booking our Services.

1. Definitions

2. Quotes & Booking

1. Quotes are valid for 30 days unless otherwise stated.

2. A booking is confirmed once you accept the quote in writing and pay the required 50 % deposit (non-refundable except as required by law).

3. Any additional work, revisions or expenses outside the original Brief will incur extra charges at our then-current rates. An employee/contractor will always ask and quote in written or aknowledged verbal form before any charges are created.

4. You agree to meet with our director or their delegate at least seven days before your event date to provide any final location details, special requirements and timing for all shoots. 

5. If we don’t receive this consultation at least seven days out, we may be unable to guarantee coverage of every requested element.

3. Production Process

1. The Below states the responsibilities and commitments of you , the client and us , the vendor. 

You will ensure reasonable seating, meals and facilities for our crew, agents or subcontractors at any event venue, including pre-event or multi-location shoots

We will provide suitably qualified staff for your project. If you wish to engage a specific person by name, that must be agreed in advance and documented in your Brief.

By booking our Services you acknowledge that photography and videography activities involve physical movement, equipment use and other inherent risks. You assume all risk of personal injury or property damage arising during a shoot and release us (including officers, employees and contractors) from any claims, liabilities or costs related to such injury or damage, to the fullest extent permitted by law.

Delays in your feedback or provision of assets may shift delivery dates and may incur standby or rescheduling fees.

The complimentary revision and/or other editing requests will only be valid after payment of the full deliverable in the agreed quotation and job.

Beyond the one complimentary revision round, further edits are billed at $100 for the first hour (or part thereof) and $50 per hour thereafter. We permit up to six paid revision requests; any beyond that will require a new quote. 

Final Deliverables will be completed within three months of receiving all final assets (selected stills, track selections, scripts). Unless you instruct otherwise in writing, source files (raw footage, project files) will be permanently deleted seven weeks after you receive your deliverables.

4. Payment Terms

• 50 % deposit is required on booking; This will guarantee your days booked are locked in. If deposit amount is not received, your dates may be given to another client. 

• 100% of the quotation (including the deposit) is due 24 Hours delivery of final Deliverables. Our company will not depart to your job unless full payment has been received. 

• Invoices are payable 14 days from issue. Late payments attract interest at 6 % p.a. calculated daily plus collection costs.

• We may withhold Deliverables up and including full media deliverables, links or any tangible/intangible products—until full payment clears. We may use media for our promotional and marketing portfolio purposes rightfully so until full payment is cleared. 

• If you postpone your event to another date, your initial deposit may be applied to that new date—provided the same or a higher-value package is still available on our calendar. Deposits cannot be transferred to unrelated services or sessions.

4A. Delivery, Storage & Collection

1. When your final Deliverables are ready, we’ll notify you in writing.

2. You must collect or download them within 14 days of that notice.

3. After 30 days, a $50/month storage fee applies until you’ve retrieved all files.

4. We may also charge storage fees if we’re awaiting your selection of images or track choices for editing.

5. Intellectual Property & Usage Rights

1. Our IP: We retain all underlying copyrights in raw footage, project files, templates, presets and unused material.

2. Your Licence: Upon full payment we grant you a worldwide, non-exclusive, perpetual licence to use the Deliverables for the purposes and media outlined in the Brief.

3. Third-Party Content: Any stock elements, music or fonts are sublicensed to you on the relevant provider’s terms. Extending usage beyond those terms is your responsibility.

4. Our Portfolio: We may showcase finished Deliverables (not raw materials) on our website and socials for self-promotion, unless you instruct otherwise in writing before production begins.

6. Client Materials & Warranties

You warrant that all materials you supply (logos, music, scripts, locations, likenesses) do not infringe any third-party rights and that you have obtained all necessary permissions. You indemnify us against any loss, damage or claim arising from your materials or instructions.

7. Cancellations & Rescheduling

Force majeure events (see § 10) may allow date changes without penalty subject to crew availability.

In the event of inclement weather that forces us indoors (for example, a pre-wedding shoot), you are responsible for any additional venue hire or associated costs required to continue coverage, unless we agree otherwise in writing.

8. Limitation of Liability

1. Nothing in these Terms limits your rights under the ACL.

2. To the extent permitted by law, our aggregate liability (whether in contract, tort or otherwise) is limited to re-supplying the Services or refunding the price paid, at our option.

3. We are not liable for indirect, consequential or special loss—including loss of profit, revenue, data or reputational damage—arising in connection with the Services, the website, or these Terms. 

4. We are not liable for indirect, consequential or special loss—including loss of profit, revenue, data or reputational damage of our clients or our jobs—arising in connection with the Services, the website, or these Terms.
5. We are not responsible for any missed images or footage due to camera malfunction, data corruption, traffic delays, or other unforeseen technical or logistical issues. If you require specific moments or scenes, you must formally request them in writing before the shoot; otherwise we cannot guarantee they will be captured.

9. Indemnity

You agree to indemnify and hold us, our directors, employees and contractors harmless from any claim, liability, cost or expense arising out of:

• your breach of these Terms;

• your misuse of the Services or Deliverables; or

• infringement of IP, IP assets tangible and intangible; and/or

• infringement of privacy and/or protection rights resulting from materials you supply .

9.1 Client Indemnity

The Client (“you”) must fully indemnify, defend and hold harmless The Forever Media Co, its related bodies corporate, directors, officers, employees, agents, subcontractors and licensees (“Indemnified Parties”) from and against all losses, liabilities, fines, penalties, damages (including consequential and special damages), settlements, judgments, costs and expenses (including full-indemnity legal fees) (“Loss”) that arise from or relate to:

9.2 Indemnification Procedure
a. The Indemnified Parties will give you written notice of any claim for which indemnity is sought as soon as reasonably practicable, but delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced.
b. You must assume sole control of the defence and settlement of the claim using competent counsel reasonably acceptable to us, and keep us informed of material developments.
c. You may not agree to any settlement that: (i) imposes an admission of liability on an Indemnified Party; (ii) imposes any non-monetary obligation on an Indemnified Party; or (iii) restricts an Indemnified Party’s future business, without our prior written consent (not to be unreasonably withheld).
d. The Indemnified Parties may participate in the defence with counsel of their own choosing at their own cost. If you fail to defend the claim diligently, we may assume the defence and you remain liable for all Loss.

9.3 Client Insurance Requirements
You must maintain, at your own expense and for the duration of the project and any statutory limitation period:

• Public & products liability: minimum AUD 5 million per occurrence;

• Workers’ compensation (or equivalent) covering your personnel;

• Professional indemnity / errors & omissions: minimum AUD 1 million if you provide creative direction or professional advice;
  and provide certificates of currency on request. Failure to obtain insurance does not limit your indemnity obligations.

9.4 Proportionate Liability
If a Loss is caused by the combined negligence or wrongdoing of you and an Indemnified Party, liability will be apportioned according to each party’s share of responsibility under Part 4 of the Civil Liability Act 2002 (NSW), except that you remain 100 % liable for Loss arising from: (i) infringement or misuse of IP in your Client Materials; or (ii) your failure to secure required consents.

9.5 Supplier (Forever Media) IP Indemnity
We will indemnify you for Loss finally awarded by a competent court or agreed in settlement, arising solely from a third-party claim that the unaltered Deliverables we create (excluding Client Materials and any third-party stock elements) infringe an Australian copyright, trade mark or design right, provided that you:

1. promptly notify us in writing of the claim;

2. give us sole control of the defence and settlement; and

3. cooperate fully at our expense.
   Our liability under this clause is capped at the greater of (a) AUD 100,000 or (b) the fees actually paid for the relevant Deliverable, and is subject to Section 8 (Limitation of Liability).

9.6 Survival
This Section 9 survives termination or expiry of the Services or these Terms and remains enforceable for the maximum period permitted by law.

10. Force Majeure

We are not responsible for delay or failure caused by events beyond reasonable control (e.g., extreme weather, pandemic, power outage, equipment breakdown, civil unrest). If an event continues for 30 days, either party may terminate the affected portion of the Services without liability (other than fees already earned or expenses incurred).

10.1 Scope of Events
“Force Majeure Event” means any circumstance beyond a party’s reasonable control, including but not limited to:
  a. natural disasters—fire, flood, cyclone, earthquake, storm, lightning;
  b. public-health emergencies—epidemic, pandemic, quarantine, government-imposed lockdowns;
  c. acts of war, terrorism, civil commotion, riots, sabotage or embargo;
  d. labour disputes—strikes, lock-outs, shortages of skilled personnel;
  e. failure or delay of suppliers, utilities or transport;
  f. interruption of power, internet or telecommunication services;
  g. unexpected breakdown or loss of essential equipment despite reasonable maintenance.

10.2 Notice & Mitigation
A party claiming force majeure must:
  a. notify the other party in writing within 3 business days of becoming aware of the event; and
  b. take all reasonable steps to mitigate the impact and resume performance as soon as practicable.

10.3 Suspension of Obligations
Performance of the affected obligations is suspended for the duration of the Force Majeure Event. All non-affected obligations (e.g. payment for completed Services) continue.

10.4 Termination Right
If the Force Majeure Event lasts more than 30 consecutive days and materially affects the project, either party may terminate the affected portion of the Services on written notice. We will refund any pre-payments for work not performed, less unrecoverable costs already incurred.

10.5 No Liability
Neither party is liable for delay or failure to perform caused solely by a Force Majeure Event, provided the above notice and mitigation duties are met.

11. Website Use

• Content on forevermedia.co is provided “as-is” for general information. We do not guarantee it is error-free or that the site will be uninterrupted or secure.

• You must not: (a) interfere with site functions, (b) upload malicious code, or (c) scrape or reproduce site content without permission.

• We may link to third-party sites; we are not responsible for their content or privacy practices.

11.1 Licence to Browse
We grant you a limited, non-exclusive, non-transferable licence to access and use forevermedia.co for personal or business browsing, strictly in accordance with these Terms.

11.2 Prohibited Conduct
You must not:
  a. interfere with site security, integrity or performance (e.g., DDoS, hacking, scraping, reverse engineering);
  b. upload or transmit viruses, malicious code or unsolicited commercial communications;
  c. use our content, trademarks or branding without written consent;
  d. frame or mirror any part of the site without permission;
  e. misrepresent your identity or affiliation with any person or entity.

11.3 Content Accuracy & Availability
We strive to keep information current but do not warrant that all material is accurate, complete or suitable for any purpose. The site may occasionally be unavailable for maintenance or technical reasons; we are not liable for any resulting loss.

11.4 Third-Party Links
Links to external sites are provided as a convenience only. We make no endorsement and accept no responsibility for the content, products or services on those sites.

12. Confidentiality 

Each party must keep confidential all non-public information disclosed by the other in connection with the Services and use it solely for fulfilling the Brief, unless required by law or with prior written consent.

12.1 Definition
“Confidential Information” means all non-public, commercially sensitive or proprietary information disclosed by either party—whether oral, written, visual, digital or in any other form—including creative concepts, pricing, client lists, scripts, production techniques, passwords, and personal data.

12.2 Exclusions
Confidential Information does not include information that: (a) is or becomes public other than through breach of these Terms; (b) was lawfully known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party’s information; or (d) is lawfully obtained from a third party without restriction.

12.3 Obligations
Each party must:
  a. use Confidential Information solely for performing or receiving the Services;
  b. restrict disclosure to employees, contractors and advisers on a strict need-to-know basis who are bound by equivalent confidentiality obligations;
  c. implement reasonable technical and organisational measures to safeguard it;
  d. promptly notify the other party of any unauthorised disclosure or security breach.

12.4 Retention & Destruction
Upon written request or termination of the Services, the receiving party must return or permanently destroy Confidential Information (except to the extent required by law or internal backup retention policies).

13. Privacy 

Our collection and handling of personal information is explained in our Privacy Policy (available on forevermedia.co). By engaging our Services you consent to that policy.

13.1 Policy Incorporation
Our Privacy Policy (latest version on forevermedia.co) forms part of these Terms. By engaging our Services or using our site you confirm you have read and accepted that policy.

13.2 Data Minimisation & Purpose Limitation
We collect only the personal information reasonably necessary to:
  • provide and improve the Services;
  • manage business operations (book-keeping, support, marketing);
  • meet legal and regulatory requirements.

13.3 Direct Marketing
We will send you electronic marketing communications only if you have consented or if the Spam Act 2003 (Cth) permits. You may opt-out at any time using the unsubscribe link or by writing to privacy@forevermedia.co.

13.4 Data Subject Rights
You may request access, correction or deletion of personal data we hold, subject to legal exclusions. We will respond within 30 days. Additional identity verification may be required.

13.5 Overseas Transfers
Where data is transferred outside Australia (e.g., to cloud providers in the US or EU), we take reasonable steps to ensure equivalent privacy protections in accordance with the Australian Privacy Principles.

14. Amendments 

We may update these Terms from time to time. New Terms apply from the “Effective Date” shown. For ongoing projects, the Terms in force on the date of booking continue to apply unless both parties agree otherwise in writing.

14.1 Right to Modify
We may amend these Terms or any linked policy to reflect changes in law, industry practice, technology, or our Services.

14.2 Notification Process
Material changes will be highlighted by:
  • a site banner or pop-up for at least 14 days; and/or
  • direct email to Clients with active projects.

14.3 Acceptance of Changes
Continued use of the site or Services after the effective date of amended Terms constitutes acceptance. If you object to changes that materially affect your rights, you may terminate any unperformed portion of the Services within 14 days of notice and receive a pro-rata refund for work not yet carried out.

15. Governing Law & Dispute Resolution 

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of NSW courts. Before litigation, both parties will attempt good-faith mediation.

15.1 Applicable Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles.

15.2 Good-Faith Negotiation
Before commencing court proceedings (except for urgent injunctive relief), the parties must:
  a. engage in good-faith discussions for at least 10 business days;
  b. exchange all relevant documents and information to facilitate resolution.

15.3 Mediation
If no agreement is reached, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) or a similar body. Mediation will be conducted in Sydney in English, with costs shared equally.

15.4 Court Jurisdiction
If mediation fails, the parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals therefrom.

16. Severability  

If any provision of these Terms is held unenforceable, that provision will be severed and the remaining provisions remain in effect.

If any provision of these Terms is unlawful, void or unenforceable:
  a. it will be read down to the minimum extent necessary to comply with law;
  b. if it cannot be read down, it will be severed; and
  c. the remaining provisions will continue in full force and effect, ensuring the commercial intent of the parties is preserved as closely as possible.

17. Entire Agreement 

These Terms, together with the accepted Quote, constitute the entire agreement between the parties about the Services and supersede all prior discussions, proposals and representations.

17.1 Integration
These Terms, together with the accepted Quote, Production Schedule, Privacy Policy, and any additional written variations signed by both parties, constitute the complete and exclusive statement of the agreement between us, superseding all prior oral or written negotiations, proposals and communications.

17.2 Order of Precedence
If inconsistency arises:
  1. a mutually signed Variation or Statement of Work has priority;
  2. the accepted Quote/Production Schedule;
  3. these Terms and Conditions;
  4. any other document referenced herein.

17.3 No Assignment Without Consent
Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other, except that we may novate the agreement to a successor in connection with a merger or sale of substantially all assets.

17.4 Survival
Clauses relating to payment, IP ownership, confidentiality, privacy, warranties, indemnity, limitation of liability, governing law and dispute resolution survive expiry or termination of the Services.

18. Contact

 
Email: contact@foreverentertainment.com.au

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