TERMS AND CONDITIONS

1. Acceptance of Terms
Thank you for reading our terms and conditions. By accessing or using this website (“Website”), you agree to comply with these Terms and Conditions. If you do not agree, please discontinue use of the Website immediately. These Terms govern your use of this Website operated by Shotlisting (“we”, “our”, or “us”).

2. Intellectual Property
All content on this Website, including but not limited to:

video content
cinematography
drone footage
photography
graphics and design
logos, branding, and written content

is the intellectual property of Shotlisting unless otherwise stated. All works are protected by Australian and international copyright laws.

All images displayed on this website or any works created by photographers of Shotlisting, are the property of Shotlisting. No part of this website, including its content, photographs, video, other images may in any form or by any means (including, without limitation, electronic mechanical, micro copying, photocopying, recording or otherwise) be used, copied reproduced, distributed, modified, transmitted, displayed, stored in a retrieval system or transmitted without the prior written consent of Shotlisting. No express or any implied right (including, without limitation, any common law right) to use, copy, reproduce, store or transmit the whole or any part of this website or works/ photos created is granted to any person or other legal entity without the prior written consent of Shotlisting.

In addition to a civil action, an action for substantial damages for breach of copyright contraventions of the Copyright Act may constitute criminal offences punishable by a heavy fine for a first offence. For a subsequent offence the penalty may be an even heavier fine and or (6) months imprisonment. Both individuals (including, without limitations, directors) and a company may be joined in any such legal actions.

3. Image and Footage Protection
All visual media displayed on this Website is protected. The following actions are strictly prohibited:

downloading or copying images or video from this Website
scraping, crawling, or harvesting media using automated tools
using content in AI training datasets or machine learning systems
reproducing media for commercial, editorial or promotional purposes without permission
embedding or redistributing media on third-party platforms

We actively monitor for unauthorised usage and may pursue legal remedies including copyright infringementclaims, DMCA takedown notices, or equivalent legal actions.

4. Website Use
Users agree not to:

use the Website for unlawful purposes
attempt to gain unauthorised access to the Website
interfere with website security or functionality
scrape or harvest data from the Website

5. Third-Party Links
This Website may contain links to external websites. We are not responsible for the content, privacy practices, or accuracy of third-party websites.

6. Limitation of Liability
The Website is provided on an “as-is” basis. While we aim to keep information accurate and current, Shotlisting makes no guarantees regarding completeness, reliability, or availability. We are not liable for any damages arising from use of this Website.

7. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the jurisdiction of the courts of New South Wales.

Disclaimer
The information on this Website is provided for general informational purposes only. While we aim to ensure accuracy, Shotlisting makes no warranties regarding the completeness or reliability of the content. Portfolio work shown on this Website represents past projects and does not guarantee identical outcomes for future productions. Creative results vary depending on:

project scope
budget
location
production conditions
client collaboration

Footage Licensing & Portfolio Use
Upon payment in full, the Client is granted a single, irrevocable, royalty-free license to use any visual content created by Shotlisting during the provision of services, in all media, throughout Australia and internationally, for the purposes agreed in writing.

Unless otherwise agreed in writing:

All underlying intellectual property including any scripts, storyboards, raw camera files, cinematography, photography and any other audiovisual works produced by Shotlisting remains the copyright of us, the production company.
You (the Client) will be granted a single irrevocable, royalty free license to use any and all visual content created by us during the provision of services, upon payment in full, in all media throughout Australia and internationally for the agreed purposes.

This license does not include permission to:

re-edit or re-colour grade any of the Content
resell any of the Content
sublicense any of the Content to third parties
commercially redistribute any of the Content beyond the agreed project scope

Portfolio Use:
Shotlisting reserves the right to use any and all raw and completed works for:

portfolio display
showreels
website galleries
social media promotion
industry awards or exhibitions

If you the client requires confidentiality, this must be agreed in writing prior to production.

Production Licensing (Video, Drone & Cinematography)
All footage captured by Shotlisting, including:

aerial drone footage
cinematography
time-lapse or motion imagery
behind-the-scenes documentation

is licensed for specific agreed usage only. Drone operations are conducted in accordance with Australian aviation regulations where applicable. Clients may not:

alter footage in a way that misrepresents the production
resell or distribute footage to third parties without permission
claim authorship of the production work

Additional licensing may be required for expanded usage such as:

broadcast distribution
national advertising campaigns
stock footage resale

Creative Control & Editorial Rights
To maintain professional and artistic standards, Shotlisting retains creative and editorial control over:

production methods
filming style
camera techniques
lighting
editing decisions
final visual presentation

Client input and collaboration are welcomed during the production process; however final creative decisions remain at the discretion of the production company unless otherwise agreed in writing. Editorial discretion includes:

shot selection
colour grading
pacing and edit structure
music selection (subject to licensing)
overall storytelling approach

Intellectual Property Protection & Digital Safeguards
1. DMCA / Copyright Infringement Takedown
The Client acknowledges that all content is protected by copyright. Unauthorised use or distribution may result in DMCA notices or equivalent legal actions. The Client agrees to cooperate in removing infringing material.

2. No AI Dataset / No Synthetic Training Clause
The Client agrees that content may not be used to train AI, machine learning, or synthetic media models, including deepfake or generative AI systems. This restriction is global and perpetual.

3. Website Anti-Scraping / Anti-Extraction Clause
The Client shall not use bots, scripts, or automated tools to extract or copy content from the Producer’s websites or digital repositories without prior written consent. Violations may result in legal action.

Copyright Protection / No AI Training
⚠️ COPYRIGHT PROTECTED
All footage and content are copyrighted and may not be copied distributed, or used for AI training without written permission.

Terms, Payment & Miscellaneous
Payment Terms:
Payment is due according to the invoice schedule. Clients will be required to pay a deposit, upfront in total. Late payments may incur fees or suspension of delivery.
Cancellation & Refunds:
Cancellations must be submitted in writing. Refunds are subject to work already completed. In the case of cancellation of less than 2 full working days before shooting, payment is not refundable. This condition will be waived only at our discretion. Where practical rescheduling may be arranged, however this will be determined by our schedule and at our discretion. Rescheduling may result in additional charges. Cancellation of more than 2 full working days but less than 5 full working days, will receive a 50% refund. Cancellation of more than 5 full working days will receive a 90% refund. Only after you, the Client, has paid in full the total amount due as stated on the invoice, will you, the Client, have the right to use the content. Payment of the deposit alone, does not grant you, the Client, the right to use the content and/or images, produced by us. Any breach of this term may result in a report to the IPTC (International Press Telecommunications Council) as a breach of copyright.

You agree to inspect all Content and/ or products and notify us of any defects within 5 working days following the delivery of the high-res version of the Content, failing which we will have no liability for any defects. Following this period of time, payment in full will be seen as acceptance by you that the Content has been completed to satisfactory quality and a refund will not be issued due to the quality of the Content being of an unsatisfactory quality. Refunds will not be provided if the Content has been delivered in accordance with these Terms. In cases where a claim is made about the service quality not meeting satisfactory criteria, but the criteria stated conflicts with our terms, no refund will be considered. Thus, if you, as the Client, believe that the services were not delivered to satisfactory quality based on reasons that contradict our Terms, a refund will not be considered.

Delivery:
Final delivery of content will require payment in full for all services ordered even if some services have not yet been completed. Delivery times do not include weekends or public holidays. Working days are considered to be non public holiday days, Monday to Friday. Content will be delivered by a link. This link will only remain active for 30 days from the date of invoice. It is the customers responsibility to download content prior to deletion. We take no responsibility regarding retaining and archiving images beyond this 30 day period. Request to access the content after the 30 day period has expired may result in a $100 administration fee if a copy exists, which should not be the expectation. We accept no obligation to provide an additional service that was not ordered prior to the booking date and time. It is you, the Client, who is solely responsible for advising us of services required to be performed during the booking. Content will be supplied in low-res and/or watermarked, until full payment itemised on the invoice has been made at which time the high-res version without a watermark will be released.

Talent Coordination & Releases
The Client is responsible for scheduling and coordinating all talent appearing in the Content. The Client must ensure that each talent has provided consent by signing our provided release form granting us permission for their image, likeness or voice to be used in the Content. Shotlisting is not liable for including any talent who have not given their express consent.

No-Access / Talent Unavailability
If the shoot location is unattended upon the Producer’s arrival, access is not possible, or scheduled talent is unavailable, and the Client has not provided instructions, the Producer may treat the booking as a cancellation. In such cases, a cancellation fee will apply, and an invoice for any outstanding amounts will be issued to the Client.

Work Health & Safety Compliance
The Client is responsible for ensuring that shoot locations comply with all applicable New South Wales Work Health and Safety (WHS) requirements. Failure to ensure compliance may, at the Producer’s discretion, be treated as a cancellation initiated by the Client. In such cases, a cancellation fee and rescheduling fee may apply.

Drones cannot be flown in rain or in windy conditions. If the pilot determines that the required shots cannot be taken due to adverse weather conditions, the pilot can request these be taken at a later time.

Liability & Indemnity:
The Producer is not liable for indirect, incidental or consequential damages arising from use of the content. The Client agrees to indemnify the Producer against any claims related to unauthorised use.

Governing Law:
This Agreement is governed by the laws of New South Wales, Australia.

SHOTLISTING (THE ‘BUSINESS’) IS A VIDEOGRAPHY AND PHOTOGRAPHY SERVICE (ABN 69490198467). PLEASE READ THE ABOVE TERMS & CONDITIONS CAREFULLY BEFORE BOOKING. BY VISITING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS AND TO HAVE AGREED TO BE BOUND BY THESE TERMS, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU THE CLIENT AND SHOTLISTING.