1.1 The Agreement

All moving creative media services are performed strictly on the basis of the terms and conditions listed on this page.

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1.2 Instructions

The Client must ensure that all instructions and expectations regarding the project (and any subsequent variations) are agreed in writing.

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1.2 Pre-Production and Planning

Before filming, Extremekid Productions will work with the Client to develop a content outline for the works to be undertaken. The Client will approve the plan in writing before filming commences. 

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Any changes to the content outline, schedule, or scope of work must be communicated to Extremekid Productions in writing prior to the start of filming. The Client acknowledges that any uncommunicated changes or requests made after the approval of the plan may lead to delays, additional costs, or adjustments to the production schedule. 

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Extremekid Productions cannot be held liable for any consequences arising from changes that were not formally communicated before or during filming. This includes, but is not limited to, misalignment of expectations, increased production time, or any effects on the overall quality of the final product. The Client is responsible for ensuring that all stakeholders are informed of, and agree upon, the finalised plan to prevent misunderstandings during the production process.

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1.3 Filming

Any variations in the times, dates, or to the planned event that may impact on the contract should be communicated to as soon as possible.​

 

Extremekid Productions will abide by all rules of the facility and/or directions of staff (if applicable) and/or facility coordinator(s) in regard to camera set-up and will not be held responsible for the absence of certain shots due to such rules and/or directions.

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​Extremekid Productions cannot be held liable for missing key moments or segments of an event due to a lack of accurate communication from the Client or any individuals not on the Extremekid Productions team. For example, if essential information such as schedule changes or necessary stops during transportation between locations is not conveyed, it may result in missed footage or segments of an event, such as part of a ceremony. The Client acknowledges that timely and complete communication is critical to capturing all aspects of the event as intended.

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Extremekid Productions will endeavour to protect the safety of their staff and interested parties. Any shot, location or action on set that is not deemed as safe, may be terminated at the business’s discretion. Extremekid Productions reserves the right to remove any individual or group from set/location that is causing distraction and/or deemed dangerous to the crew and/or artists.

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We use quality well-maintained equipment, however we will not be liable for any radio signal losses, battery failures, equipment failure and/or material defects, which are beyond our control. In the unlikely event of a total video failure our liabilities are limited to a refund of all monies paid by the Client(s).

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Every effort is made to ensure perfect colour and lighting reproduction, but certain conditions may not be accurate such as mixed indoor and external lighting, hard shadows, and low lighting conditions. With these factors beyond our control, we will endeavour to produce the best pictures possible.

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The handling of all production equipment is to be carried out by the selected crew of Extremekid Productions unless prior arrangement has been made. The company shall be entitled to recover any losses for damage incurred by the client. The client will not do any act or thing whereby any insurance in respect of the equipment may be prejudiced in any way.

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1.4 Audio Recording and Quality

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Microphone Placement:

Extremekid Productions will make every effort to achieve optimal audio quality through strategic microphone placement, tailored to the specific needs of the project. The Client agrees that the audio quality may vary based on factors such as location, environment, and speaker positioning.

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Client Cooperation:

The Client or any other individuals involved in the project are expected to cooperate during the setup of audio recording equipment. Extremekid Productions cannot be held responsible for audio quality if the Client or subjects of the video refuse to have a microphone on or near them. This includes following the guidance of Extremekid Productions' crew regarding positioning and movement to reduce potential audio interference or noise. The Client acknowledges that the absence of a microphone may significantly impact audio clarity, and any resulting deficiencies in audio quality will be solely the responsibility of the Client. In such cases, Extremekid Productions will not assume liability for the quality of the audio captured during the production.

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Environmental Factors:

The Client acknowledges that external factors, such as background noise, acoustics of the filming location, and unforeseen disturbances, can adversely affect audio quality. Extremekid Productions will take reasonable steps to mitigate these issues, but cannot guarantee flawless audio in every situation.

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Post-Production Editing:

While Extremekid Productions will apply professional audio editing techniques to enhance sound quality during post-production, the Client understands that the final audio product is contingent upon original recordings. Extremekid Productions will not be liable for any deficiencies in audio quality that stem from mic placement or external audio challenges that were beyond their control.

 

1.5 Drones

Drone use is subject to governing body of the country filming will take place in. Their use may be restricted due to proximity to airports, military airspace, other controlled airspace or weather.

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1.4 The Edit

Extremekid Productions videographers will always consider the requirements and desires of the client in terms of video capture, editing, and style, but reserve the right to use their professional opinion in any circumstance. Artistic interpretation cannot be guaranteed but every attempt will be made to comply with the Client(s) wishes.

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The Client has viewed samples of Extremekid Productions work and is completely satisfied with its quality and with Extremekid Productions video production capabilities and artistic style.

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Extremekid Productions will liaise with one person from the client's organization for the purposes of revisions. It is that person 's responsibility to collate and sort feedback from within the client's organization to present to Extremekid Productions.

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Extremekid Productions will provide the client with three opportunities per film for revision at the approval stage, at no additional cost. Further revisions/changes required will incur further fees, to be addressed by Extremekid Productions on a pro-rata basis.

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1.5 Acceptance of Finished Product

The Client(s) shall within seven (7) days from the delivery of the finished product give electronic or written notice to Extremekid Productions of any respect in which it is alleged that the finished product does not comply with the Contract. Subject to any such notice, the finished product will be deemed to comply with the Contract in all respects.

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1.6 Quotation Terms

All prices exclude GST (unless otherwise stated) and are valid for 14 days and thereafter are subject to change without notice.

Extremekid Productions reserves the right to levy additional hourly, half-daily or daily charges for the use of our crew or equipment if the agreed time frame is exceeded unless this is due to an error on our behalf.

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1.7 Payment Terms

Payment is to be made by cash, cheque or bank transfer. All cheques are to be made out to Extremekid Productions and direct credits are to be made to Extremekid Productions HNRY bank account in accordance with the HNRY Invoice.

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Upon acceptance of a quotation, a 50% deposit becomes due immediately; up to 72 hours before any work commences. The remaining balance of payment (50%) is due within 14 days following the delivery of the completed product unless otherwise agreed. The 50% deposit assists with payment of staff and other overheads associated with the works undertaken.

 

For any job, Extremekid Productions reserves the right to require a “cash upfront” payment in full before the commencement of any work irrespective of whether the client is new, existing or has received different payment terms in the past. For large or long projects, progress payments may be required.

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1.8 Cancellation

A postponement fee of $100+GST will be charged for all bookings postponed within 48 hours of the booking date.

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A cancellation fee of 15%+GST of the quoted fee will be charged for all bookings cancelled within 14 days of the filming date due.

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The Client also accepts full responsibility for all additional charges incurred relating to the cancellation. These may include but are not limited to actor’s fees, crew time, equipment hire, venue hire, pre-production planning and all work previously undertaken and in progress by Extremekid Productions. Should a cancellation occur due to force majeure / acts of god, then the parties shall negotiate in good faith regarding cancellation fees.

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1.9 Non-Exclusivity

The Client acknowledges that Extremekid Productions may work with other clients simultaneously and that this agreement does not restrict Extremekid Productions from pursuing business with competitors or similar entities.

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1.10 Travel and Additional Costs

Travel, parking, administration time and general disbursements will appear as a separate line item on all quotations and will be an estimate of expected costs to be incurred.

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1.11 Publicity and Promotion

Extremekid Productions may use the Client's name, likeness, and the final videos in promotional materials and portfolios unless explicitly stated otherwise in writing by the Client.

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1.12 Privacy and Personal Information

As part of creating the works, Extremekid Productions may collect and retain personal information about the Client or Talent. The personal information may be used by Extremekid Productions for communicating with the Client or Talent for any purpose relating to the Works (including arranging third party services). The Client authorizes Extremekid Productions to collect, retain, use personal information for these purposes and to disclose that information to any person or entity for these purposes.

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1.13 Indemnification

The Client agrees to indemnify and hold harmless Extremekid Productions from any claims, damages, liabilities, and costs associated with the use of the video content, including but not limited to copyright infringements and defamation claims.

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1.14 Intellectual Property Rights

Ownership: All rights to the final product, including copyright, shall remain with Extremekid Productions until full payment is received, at which point rights will transfer to the Client as outlined in this agreement.

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Client Materials: Any materials provided by the Client (logos, footage, graphics) must be owned by the Client or the Client must have the necessary rights or permissions to use them. Extremekid Productions will not be liable for any infringements that arise from the use of Client-supplied materials.

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1.15 Sleep Deprivation and Fatigue

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Client Scheduling:

The Client acknowledges that the schedule provided for filming may require significant time commitments from the cast and crew of Extremekid Productions. The Client is responsible for ensuring that the schedule allows adequate time for rest and recovery between filming sessions.

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Impact on Production Quality:

Extremekid Productions emphasises that prolonged hours or insufficient rest may lead to fatigue among the cast, crew, or talent, potentially resulting in diminished performance, decreased creativity, and impaired decision-making. The Client agrees to monitor the well-being of all participants involved in the project to maintain a productive working environment.

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Limitations of Liability:

Extremekid Productions cannot be held liable for any issues arising from fatigue or sleep deprivation, including but not limited to suboptimal performance, decreased quality of output, or errors attributable to exhaustion. The Client understands that maintaining a reasonable schedule is crucial to the success of the project and that any modifications or adjustments to the timeline needed to accommodate rest will be made at Extremekid Productions' discretion.

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Communication:

Should any participant experience signs of fatigue or stress, it is the responsibility of the Client or the designated representative to communicate these concerns to Extremekid Productions promptly. The team will collaborate with the Client to make necessary adjustments to the shooting schedule, prioritizing the health and well-being of all involved.

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1.16 Accommodation Space for Equipment and Devices

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Adequate Space Requirements:

The Client agrees to provide sufficient accommodation space for Extremekid Productions’ team to store, charge, and sort equipment and devices used throughout the production. This space should be secure, clean, and free from obstructions to facilitate the efficient operation and maintenance of production gear.

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Electrical Access:

The accommodation must include access to adequate electrical outlets to charge cameras, microphones, lighting, and other necessary devices. The Client is responsible for ensuring that the environment is suitable for safely charging equipment without risk of hazard or damage.

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Temperature Control:

The Client understands that extreme temperature fluctuations between the filming, storage and accomodation spaces can lead to condensation forming on production equipment. Such condensation can pose a significant risk of damage to cameras, microphones, lighting, and other sensitive gear. It is essential that the filming, storage and accomodation spaces maintain a close relative temperature to minimise these risks. 

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Impact on Production Efficiency:

The absence of sufficient accommodation space or appropriate climate control measures may hinder the efficiency of the production process, leading to potential delays in filming and compromises in quality. The Client acknowledges that these logistical considerations are essential to the smooth operation of the project.

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1.17 Meal Arrangements and Time Management

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Meal Planning Responsibility:

The Client acknowledges that well-planned meal arrangements during production days are crucial for maintaining the energy and focus of the Extremekid Productions team. Any delays in locating or preparing meals before, during, or after a shoot can disrupt the schedule, reducing the time available for essential data management and equipment care.

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Impact on Production Efficiency:

Searching for food or waiting for meal preparation may lead to significant downtime, which can hamper the overall efficiency and effectiveness of the production process. This can result in reduced time for crucial tasks such as reviewing footage, managing equipment, and preparing for subsequent shooting sessions.

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Link to Fatigue and Sleep Deprivation:

Insufficient or poorly planned meals can contribute to fatigue and sleep deprivation among the crew and talent, adversely affecting their performance and creativity. Extremekid Productions emphasizes the importance of regular meal breaks and nutritious food options to optimize productivity and morale.

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Client Cooperation:

The Client is expected to facilitate meal arrangements that ensure timely access to food and beverages for all individuals involved in the production. This includes providing reasonable breaks and appropriate facilities for dining, enabling the Extremekid Productions team to recharge and maintain their focus throughout the filming process.

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Notification of Meal Arrangements:

The Client should communicate any dietary restrictions or preferences of the crew and talent in advance to prevent any potential issues related to meal availability or suitability. Extremekid Productions is not responsible for any delays or disruptions arising from inadequate meal arrangements or lack of access to food.

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1.18 Client Brief and Production Company Responsibilities

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Client Obligation for Clarity:
The Client must provide a clear and detailed video brief at the outset of the project. If Extremekid Productions deems the brief to be insufficiently detailed, Extremekid Productions will proceed based on the available information, which may affect the final product's alignment with the Client's expectations.

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Production Company Response:
If the brief lacks clarity or detail, Extremekid Productions will endeavour to reach out for clarification or more detail. Should the Client fail to respond promptly, Extremekid Productions reserves the right to interpret the brief based on their professional judgment, which may diverge from the Client's intent.

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Impacts on Production Outcomes:
The Client acknowledges that an unclear brief may result in a final product that does not meet their expectations. Extremekid Productions will not be liable for discrepancies resulting from insufficient instructions, and any delays or additional costs due to clarification needs will fall to the Client.

 

Limitations on Revisions:
If the brief is unclear and necessitates extensive revisions during production, additional changes requested by the Client may incur extra fees and may not be covered under the initial agreement’s complimentary revision opportunities.