1 Deposit Retention:
Deposits paid by the client are non-refundable and will be retained by Shake Creative in the event of a cancellation or postponement that does not comply with the notice periods outlined in this agreement. These deposits are intended to cover administrative, scheduling, and preparatory work already undertaken by Shake Creative.

1.1 Notification Requirements:
All requests for postponement or cancellation must be made in writing and sent to Shake Creative via email or registered mail. The date of receipt of the written notice will determine the applicable fees and penalties, as outlined in this agreement.

1. 2 Copyrights and Licenses:
Shake Creative retains copyright of the footage/images in perpetuity. Any third party suppliers wishing to access imagery should be forwarded directly to Shake Creative to negotiate the appropriate license. Supplied footage/images and final video outputs must not be distributed to any third party without prior written consent from Shake Creative. Usage of the footage/images and associated fees are strictly agreed upon in the email attaching the quote. Any tangible changes to the usage by the client without the consent of Shake Creative will incur a one-time fee of 40% of that term/project cost. This fee will be invoiced as the "Copyright ownership release fee".

1.3 Footage Use by Shake.edu
Shake.edu may use any footage captured paid or unpaid promotional material to market Shake.edu. Any student captured without a release form submitted by the parents to the school will not be used in any promotional material. If a student has been captured and is being used in promotional material without consent from the parents, Shake.edu will remove the advertising material as soon as possible.

1.4 Indemnification Clause:
The client agrees to indemnify and hold harmless Shake Creative, its employees, agents, and subcontractors from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the use of the footage/images by the client or any third party.

1.5 Raw Footage:
All editing files, RAW and unused collateral is owned by Shake Creative. Clients have the option to buy all RAW footage and editing files from Shake Creative at 50% of the total cost of production.

1.6 Postponement and Cancellation Clause:

Postponement: If the client requests to postpone the project, the client must provide written notice to Shake Creative at least 3 days prior to the scheduled start date. If a project is postponed with less than 3 days’ notice, a postponement fee of 15% of the total project cost will apply. Shake Creative will make reasonable efforts to accommodate the new dates, but this may be subject to availability. If the project cannot be rescheduled within 14 days of the original date, the postponement will be considered a cancellation and will be subject to the cancellation terms below.

Cancellation:
1. If canceled 7 days before the scheduled start date, the client will forfeit any deposit paid.
2. If canceled between 8 and 14 days before the scheduled start date, the client will be liable for 25% of the total project cost.
3. Shake Creative reserves the right to retain any deposits or payments made by the client up to the date of cancellation to cover any costs or losses incurred due to the cancellation.

Postponement and Cancellations Force Majeure:
In the event that a project must be postponed or canceled due to circumstances beyond the control of either party (including, but not limited to, acts of God, natural disasters, pandemics, government restrictions, or other personal emergencies), neither party shall be liable for any failure to perform their obligations under this agreement. In such cases, the project may be rescheduled without penalty, subject to Shake Creative's availability. If the project cannot be rescheduled, any deposits or payments made will be refunded, less any expenses incurred by Shake Creative up to the date of the event.

2. Scope Changes:
If the client agrees upon a quote that contains filming/photography and editing before the commencement of filming and then requests to cancel editing and wishes to have the RAW footage supplied. The deposit amount for editing will not be refunded and RAW footage will be invoiced at 50% of the total cost of production. If the client agrees upon a quote that contains filming and supplied RAW footage with no editing required and then requests to change this to editing with no supplied RAW footage, Shake Creative will invoice for the editing, as well as a cancellation fee of 50% of the cost of RAW footage. If these changes to the brief are made before finalisation of the quote and the commencement of filming, no cancellation fees will be included. Shake Creative reserves the right to 're-quote' the client during production if the client makes any tangible changes to the agreed-upon quote confirmed in writing before the commencement of the project.

3. On Location:
It is the responsibility of the client to ensure that an authorised representative of the client is present during the whole shoot. If no authorised representative is present, then Shake Creative's interpretation of the brief shall be accepted, and won’t be liable for any omissions.

4. Invoices:
All invoices must be paid by the issued date on the invoice. Invoices will be sent out in two stages. The first invoice will pertain to the filming of the project minus the amount paid upfront, and the final invoice will pertain to the editing and finalisation of the project minus the amount paid upfront. If payment has not been made within the required date labeled on the invoice, Shake Creative reserves the right to request the video/images be removed from any platform until the funds have been settled into the nominated bank account. If the Invoice is not paid within the given time frame, Shake Creative reserves the right to apply a late payment penalty of 5% of the total outstanding balance (including late fees) per week, until the funds in question have been received within the nominated bank account. This is cumulative to the outstanding project cost and late payment penalties. Once the funds have been received for the final issued invoice the project will be deemed completed. The project will under no circumstances be deemed to have been completed until the funds have been received for the final Invoice within the nominated bank account.

5. Termination:
Either party may terminate this agreement in writing if the other party breaches any material term of the agreement and fails to cure such breach within 7 days of receiving written notice. In the event of termination by the client, the client shall pay Shake Creative for all services rendered up to the date of termination and any non-refundable expenses incurred.

6. Force Majeure:
Shake Creative shall not be liable for any failure to perform its obligations under this agreement if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, or government restrictions.

7. Dispute Resolution:
In the event of a dispute arising out of or related to this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to proceed to mediation or arbitration in accordance with the rules of VCAT before pursuing any legal action.

8. Limitation of Liability:
Shake Creative's total liability to the client for any claims arising out of or related to this agreement shall be limited to the total amount paid by the client under this agreement. In no event shall Shake Creative be liable for any indirect, incidental, special, or consequential damages, including lost profits or data, even if advised of the possibility of such damages.

9. Work Acceptance:
Upon delivery of the final video/images, the client shall have 14 days to review and provide any feedback or request amendments. If no feedback is provided within this period, the work shall be deemed accepted and approved.

10. Free video trial from Shake.edu:

1. Offer Overview:
Shake Education is pleased to offer your school a complimentary trial video as an introduction to our video marketing services. This offer is designed to demonstrate the quality and effectiveness of our work, with no obligation to purchase.

2. Scope of Services
The free trial video will include:
1. A video of up to 90 seconds
2. Basic editing and color grading.
3. To total a value of less than $5k AUD.
4. A one person crew size.
Any additional services, such as extended video length, advanced editing, or additional shoots, may be available for an additional fee.

3. Ownership and Usage Rights
Shake Education retains full copyright ownership of the video produced during the free trial.
The client is granted a non-exclusive, limited license to use the video for internal and external purposes.

4. Approval Process
Shake Education will deliver the trial video within 14 days of the shoot.
The client will have 7 days to review the video and provide any feedback or requests for minor adjustments.
Any substantial edits or additional revisions requested by the client beyond the agreed scope may be subject to additional fees.

5. No Obligation
There is no obligation to purchase additional services or enter into a further agreement with Shake Education following the delivery of the trial video.
Should the client wish to continue working with Shake Education, a separate agreement will be negotiated and finalised.

7. Limitation of Liability
Shake Education shall not be liable for any direct, indirect, incidental, or consequential damages arising out of the production or use of the trial video. The trial is provided "as is," and the client assumes all responsibility for any decisions made based on the video.

8. Termination
Shake Education reserves the right to terminate this offer at any time, for any reason, with or without notice.
If the project is terminated by either party before completion, the client will not be entitled to receive the unfinished video or any associated materials.

9. Acceptance of Terms
By accepting this offer and proceeding with the trial video, the client agrees to the terms and conditions outlined in this agreement.

AGREEMENT
These terms of service will be deemed to have been agreed upon by the client once a quote has been accepted by the client. Our terms of service is listed on every email footer, quote and invoice.