TERMS & CONDITIONS — Capture Media

Version 1.1 — effective 25 September 2026 (replaces the version dated 26 May 2026)

Tobias Clifford trading as Capture Media, ABN 98 941 605 890 ("we", "us").
These terms apply to every shoot, edit, social media service and deliverable we supply to you, the client ("you").

By booking a shoot, approving a quote, starting a social media package or paying an invoice, you accept these terms.

1. PLAIN-ENGLISH SUMMARY

• We own the copyright in everything we shoot and edit.
• You get a licence to use your final photos and videos, forever, for your own business — once the invoice is paid.
• Raw and unused footage stays ours. We may reuse it, including for other businesses that worked on the same project.
• Want exclusive use or full ownership? Ask before the shoot. It's available for an extra fee, in writing.
• Cancel with 48 hours' notice and there's no charge.
• 2 free rounds of revisions on every job.
• Invoices are due in 14 days.
• Downloads unlock when the invoice is paid.

2. WORDS USED IN THESE TERMS

• Deliverables — the final edited photos and videos we send you for your job.
• Raw Material — everything else we capture or create: unedited footage and photos, unused shots, outtakes, drone footage, audio and project files.
• Project — the site, build, property or event we film or photograph for you.
• Quote — the quote, booking confirmation or package description for your job.

PART A — COPYRIGHT AND USAGE

3. WHO OWNS THE COPYRIGHT

3.1 Under the Copyright Act 1968 (Cth), Capture Media owns the copyright in all Deliverables and Raw Material we create.

3.2 Copyright only moves to you if we both sign a written assignment. Paying an invoice does not transfer copyright.

4. YOUR LICENCE TO USE THE DELIVERABLES

4.1 Once your invoice is paid in full, you get a licence to use the Deliverables that is non-exclusive, worldwide, perpetual (no end date) and royalty-free.

4.2 You may use the Deliverables to promote your own business on any channel — your website, social media, paid ads, email, proposals, print, signage and awards entries.

4.3 You may crop, resize, caption and add your logo or text to fit a platform. Please don't edit them in a way that misrepresents the work.

4.4 You may not, without our written OK:
• sell, license or give the Deliverables to another business to use in its own marketing (for example a builder, supplier, architect, real-estate agent or product brand shown in the shots);
• use them in a trade mark or logo;
• claim you created them, or remove our credit where one is shown.

4.5 Until the invoice is paid, Deliverables are supplied for review only and must not be published.

4.6 Want another business to use your Deliverables? Ask us. We'll usually agree for a small licence fee.

4.7 Real estate. Property photos and videos may be used by the listing agency to market that property, including on portals like realestate.com.au and Domain. The vendor may use them to sell the property. They may not be reused by another agency, or for a later sale or lease, without a new licence.

5. RAW MATERIAL

5.1 Raw Material is not part of the Deliverables unless your Quote says it is.

5.2 If we give you Raw Material (for example a raw-photos link), it comes under the same licence as clause 4, is supplied as-is, and copyright stays with us.

5.3 We may keep, reuse and license Raw Material. This includes supplying edits or footage of the same Project to other businesses involved in it, such as the builder, landscaper, pool company, architect or supplier.

5.4 If you don't want that, buy Exclusivity (clause 6) before the shoot.

6. EXCLUSIVITY AND FULL BUYOUT (OPTIONAL EXTRAS)

6.1 Exclusivity: we won't supply footage or photos of your Project to any other business for an agreed period.

6.2 Full buyout: we assign the copyright in the Deliverables (and, if agreed, the Raw Material) to you.

6.3 Both must be agreed in writing before the shoot and are quoted separately.

7. WE WORK WITH OTHERS IN YOUR INDUSTRY

We work with many businesses, including businesses in the same trade, on the same projects, and competitors of each other. Unless you've bought Exclusivity, nothing stops us filming for them.

8. OUR OWN USE

8.1 We may use the Deliverables and Raw Material to promote Capture Media, on our website, social media, showreels, ads and awards entries.

8.2 If there's a genuine reason we shouldn't (confidential project, private home, unreleased product), tell us in writing before the shoot and we'll respect it.

8.3 Tagging @capturemedia__ when you post is always appreciated. It isn't required.

9. MUSIC

9.1 Music in our videos is licensed from stock music libraries for use in that video, online and on social media.

9.2 The music licence does not cover TV, radio or cinema broadcast. Ask us first if you need that. Extra fees may apply.

9.3 If you ask us to use a commercial (chart) song, or you add music yourself, you are responsible for licensing it. Platforms may mute or remove the video.

9.4 Swapping a music track after delivery counts as a revision.

10. YOUR MATERIALS

10.1 If you give us logos, brand files, footage, photos or music, you confirm you have the right to let us use them.

10.2 You give us permission to use them for your job.

11. AI

11.1 We may use AI-assisted tools in editing, for example for noise reduction, upscaling or clean-up.

11.2 We will not sell or supply your footage to anyone for training AI models.

PART B — BOOKINGS AND SHOOTS

12. QUOTES AND BOOKINGS

12.1 Quotes are valid for 30 days.

12.2 A booking is confirmed when we send a booking confirmation.

12.3 Anything added on the day is charged at our current price list (capturemedia.com.au/mediapackages).

12.4 We may ask for a 30% deposit to secure your booking date.

13. CANCELLING OR RESCHEDULING

13.1 48 hours' notice or more: no charge. We'll rebook you.

13.2 Less than 48 hours' notice: 50% of the booked shoot fee.

13.3 Less than 24 hours' notice, or no-show: 100% of the booked shoot fee.

13.4 Site not ready when we arrive (trades still working, no access, not clean): we may treat it as a late cancellation, or shoot what we can.

13.5 Waiting time: the first 15 minutes are free. After that it's charged at our hourly rate.

13.6 If we have to cancel (illness, equipment failure, emergency), we'll rebook at no cost to you. If we can't, we'll refund anything you've paid for that shoot.

14. WEATHER

14.1 If the weather would noticeably hurt the result, or make drone flying unsafe, we'll decide together whether to reschedule. Rescheduling because of weather is free.

14.2 If you choose to go ahead in poor weather, the job is billed as normal.

15. SITE ACCESS AND SAFETY

15.1 You must give us safe access to the site at the booked time.

15.2 On construction sites, tell us about any induction, PPE or sign-in requirements before the day.

15.3 We may refuse to film any area or angle we think is unsafe.

16. PEOPLE, PROPERTY AND PERMISSIONS

16.1 You are responsible for getting permission from the property owner, occupants, your staff and your customers for us to film or photograph them and the site.

16.2 Tell us before the shoot about anything that must not appear on camera.

17. DRONES

17.1 We fly drones under Civil Aviation Safety Authority (CASA) rules.

17.2 We may cut or cancel drone work because of airspace limits, weather or safety. If drone work you paid for can't be done, we'll refund that part or reschedule it.

18. TRAVEL

18.1 Shoots within 40 km of the Melbourne CBD include travel.

18.2 Beyond that we charge travel at $1.50 per km. Interstate and regional jobs have a travel fee. Both are shown in your Quote.

PART C — DELIVERY AND EDITS

19. TURNAROUND

19.1 Usual delivery times, counted from the shoot:
• Real estate photos: next business day.
• Real estate video: 2–3 business days.
• Brand, social and commercial video: 7–14 business days.
• Rush turnaround is available on request, for an extra fee.

Your Quote may say otherwise.

19.2 This is a target, not a guarantee. We'll tell you if there's a delay.

20. REVISIONS

20.1 Each one-off job includes 2 free rounds of revisions. Social media packages include the revisions listed in the package.

20.2 Please request revisions within 14 days of delivery.

20.3 Extra revisions, or major re-edits (new music, new structure, added scenes), are charged at $150 per hour.

20.4 A revision is a change to the edit. A reshoot, or a whole new style of edit, is a new job.

21. STORAGE

21.1 Download and back up your Deliverables when we send them.

21.2 We keep final delivered files for 12 months, and raw footage for 90 days after delivery. After that they may be archived or deleted without notice.

21.3 Getting files back from our archive costs $150 per job, where they still exist. We can't guarantee they will.

PART D — SOCIAL MEDIA PACKAGES

22. HOW PACKAGES WORK

22.1 Packages run month to month and are invoiced monthly.

22.2 Either of us can end a package with 30 days' written notice.

22.3 Unused content, posts or shoot time don't roll over to the next month.

23. YOUR ACCOUNTS

23.1 You own your social media accounts and pages. We only need the access required to post and report.

23.2 When a package ends, we'll remove our access on request.

24. APPROVALS

24.1 We'll send content for approval before it's posted.

24.2 If we don't hear back within 2 business days, we may post it as planned.

25. PAID PROMOTION (BOOSTING)

25.1 Boosting is only included if your package says so, and only up to the monthly amount agreed.

25.2 We manage targeting and spend within that limit.

26. NO GUARANTEED RESULTS

We work hard to grow your reach, but social platforms control what gets shown. We can't guarantee views, followers, leads or sales. Platform changes, outages or account restrictions are outside our control.

PART E — MONEY AND THE LEGAL BITS

27. PAYMENT

27.1 Invoices are due within 14 days of the invoice date, unless the invoice says otherwise. Prices include GST unless stated.

27.2 Full-resolution downloads unlock once the invoice is paid.

27.3 The licence in clause 4 only starts on full payment. If an invoice stays unpaid, we may withdraw download access and the licence.

27.4 Overdue invoices may incur a one-off 5% late fee. We may pause further work until they're paid, and recover reasonable collection costs.

28. CONFIDENTIALITY AND PRIVACY

28.1 We keep your business information private, and only use your contact details to run your job and send you our updates.

28.2 Tell us before the shoot if anything on site is confidential.

29. LIABILITY

29.1 Nothing in these terms removes your rights under the Australian Consumer Law.

29.2 If something goes wrong on a job (including lost footage or equipment failure), we'll reshoot or re-edit where we can. As far as the law allows, our total liability is limited to re-doing the work or refunding what you paid for that job.

29.3 We're not liable for indirect losses, such as lost profit or lost opportunity.

30. DISPUTES

If something isn't right, please talk to us first at info@capturemedia.com.au. We'll try to sort it out within 14 days. If we can't, either of us may suggest mediation before taking any other step.

31. WHICH DOCUMENT WINS

If documents disagree, this is the order that applies:
1. A signed agreement between us.
2. Your Quote.
3. These terms.

32. LAW

These terms are governed by the laws of Victoria, Australia.

33. CHANGES TO THESE TERMS

We may update these terms. The version on our website when you book is the one that applies to that job.

Questions? info@capturemedia.com.au · +61 433 197 155 · capturemedia.com.au