Terms of Service
ROLO MEDIA
Media Production Services Agreement
1. ABOUT THIS AGREEMENT
1.1 By confirming a booking and making the required payment, the Client acknowledges and agrees to these Terms and Conditions for services provided by Rolo Media. This agreement sets out the terms under which Rolo Media provides professional photography and videography content production services to clients, and applies to all Engagements booked, unless a separate written agreement is executed for a specific project.
1.2 Where an Engagement is for real estate marketing services, the real estate-specific provisions set out in the relevant clauses below (each marked "For real estate marketing services") apply in place of, or in addition to, the corresponding general provisions. All other clauses of this agreement apply equally to real estate Engagements.
2. DEFINITIONS
In this agreement:
"Agent" means a real estate agent, agency, or their representative engaging Rolo Media for real estate marketing services.
"Client" means the person or business that books and is invoiced for an Engagement, and includes an Agent where the context is real estate marketing services.
"End Client" means a third party to whom the Client delivers, or on whose behalf the Client uses, the Deliverables, such as the Client's own customer, business, or vendor.
"Engagement" means a specific, confirmed booking for photography and/or videography services, as described in the Booking Confirmation.
"Deliverables" means the final edited photographs and/or video content produced by Rolo Media for an Engagement, and, where the context requires, includes raw files where separately supplied.
"Booking Confirmation" means the written confirmation of an Engagement's scope, sent by email, including shoot date, location, hours of coverage, and fees.
"Balance" means the total Engagement fee less any Deposit or other payment already made toward it, and is nil where the total Engagement fee has been paid in full at the time of booking.
"Deposit" means the amount payable under Section 6.1 to secure an Engagement.
"Retainer Agreement" means a separate written arrangement between Rolo Media and a Client for recurring services on agreed terms, governed by this agreement to the extent not otherwise specified.
"Venue" means the property, site, or location at which an Engagement takes place, where different from the Client.
3. SERVICES
3.1 Rolo Media provides professional photography and/or videography content production services as agreed at the time of booking. The specific scope of each Engagement, including shoot date, location, hours of coverage, and any special requirements, will be confirmed in the Booking Confirmation.
3.2 Where the scope of an Engagement differs from these standard terms, those variations will be documented in the Booking Confirmation and will form part of this agreement for that specific Engagement.
4. DELIVERABLES
4.1 Standard deliverables for each Engagement are professionally edited, high-resolution digital images and/or video content, delivered via an online gallery or file-transfer link. The number of final images, length and format of video content, and turnaround time will be confirmed in the Booking Confirmation and will reflect the scope of the Engagement.
4.2 Images are delivered in JPEG format. Video is delivered in MP4 format. Alternative formats must be agreed in writing prior to the shoot.
4.3 Raw, unedited files (photo or video) are not included as a standard deliverable and are not supplied to the Client. Rolo Media retains ownership of all raw files. Raw files are retained for 30 days following delivery of the final Deliverables, after which they may be deleted at Rolo Media's discretion without notice.
4.4 Final Deliverables will not be released until the Balance invoice has been paid in full, except for real estate marketing services (Section 4.5).
4.5 For real estate marketing services, Deliverables will be made available to the Agent before payment has been received.
4.6 Revisions to delivered Deliverables may be requested within a reasonable period following delivery, as agreed for that Engagement. Revisions beyond the originally agreed scope of the Engagement may incur an additional fee.
5. FEES, GST, AND INVOICING
5.1 All fees are quoted exclusive of GST unless otherwise stated in the quote. GST at the current applicable rate will be added to all invoices. Rolo Media is registered for GST.
5.2 The total fee for each Engagement will be confirmed in the Booking Confirmation at the time of booking.
5.3 Rolo Media will issue a tax invoice for the Deposit (or full payment) upon confirmation, and a separate tax invoice for any Balance following the shoot.
6. BOOKING FEE AND DEPOSIT
6.1 Except for real estate marketing services and Retainer Agreements, the Deposit payable to secure an Engagement is calculated on the total quoted fee (excluding GST) as follows:
- Up to $1,000: $200 Deposit
- $1,000.01 to $2,000: $400 Deposit
- $2,000.01 to $4,000: $600 Deposit
- Over $4,000: $800 Deposit
6.2 Except for real estate marketing services and Retainer Agreements, an Engagement is secured under one of the following options:
(a) Deposit at Booking (default): the Deposit is payable upon confirmation of the Engagement. The Engagement is held exclusively for the Client from the date of confirmation, and Rolo Media will not accept other bookings for that date.
(b) Deferred Deposit (available at Rolo Media's discretion): the Deposit is payable no later than 30 days before the shoot date and will be invoiced automatically at that point. Until the Deposit is paid or becomes due, the Engagement is held on a non-exclusive basis. Where a competing enquiry is received for the same date before the Deposit is paid or due, Rolo Media will notify the Client, who has 48 hours to pay the Deposit and secure the date exclusively, failing which the date may be released to the other enquiry.
Alternatively, under either option, the Client may choose to pay the total Engagement fee in full at the time of booking, which secures the Engagement exclusively from the time of payment.
6.3 Where a Deposit is paid under Section 6.1, it is applied toward the total Engagement fee.
6.4 Where an Engagement is booked within 14 days of the shoot date, full payment of the total Engagement fee is required at the time of booking, except for real estate marketing services. Rolo Media may, at its discretion, agree in writing to alternative payment arrangements for such bookings.
6.5 Where the scope or duration of an Engagement is reduced within 30 days of the shoot date, the Deposit required remains based on the tier applicable to the original quoted total under Section 6.1, and will not be reduced or partially refunded.
6.6 For real estate marketing services, no booking Deposit is required to secure a date.
6.7 For Retainer Agreements, payment terms are as set out in the applicable Retainer Agreement.
7. BALANCE PAYMENT
7.1 For standard Engagements (other than real estate marketing services and Retainer Agreements), the Balance is due no later than one week before the shoot date.
7.2 For real estate marketing services and Retainer Agreements, invoices are due for payment within 30 days of the invoice date, unless otherwise agreed in writing.
7.3 Where an invoice is not paid by its due date under Section 7.1 or 7.2, a late fee of $50 excluding GST will apply, and will recur for each additional 30-day period the invoice remains outstanding.
7.4 Rolo Media reserves the right to withhold delivery of Deliverables and to suspend future bookings until all outstanding amounts are settled in full.
7.5 Payment is accepted via card payment available on the client portal, or direct bank transfer to the account details provided on the invoice.
8. CANCELLATION AND RESCHEDULING
8.1 The Client and Rolo Media acknowledge that Rolo Media operates as a sole trader with limited booking capacity, and that a cancellation prevents the rebooking of that specific date. The fee below represents a genuine pre-estimate of lost opportunity cost and reserved labour.
8.2 Cancellation by the Client must be made in writing. The cancellation date is the date written notice is received by Rolo Media.
8.3 Except for real estate marketing services (Section 8.7), cancellation is calculated against the Deposit amount applicable under Section 6.1, and applies in the same way regardless of whether the Deposit was paid under Section 6.2(a) or had become payable under Section 6.2(b):
- Cancelled more than 30 days before the shoot date (not including the shoot day itself): no amount is payable. Where the Deposit has already been paid, it is refunded in full.
- Cancelled 30 to 14 days before the shoot date (not including the shoot day itself): 50% of the Deposit is payable or forfeited. Where the Client paid the total Engagement fee in full, an amount equal to 50% of the applicable Deposit is forfeited and the remainder is refunded.
- Cancelled within 14 days of the shoot date, including on the shoot day itself: 100% of the Deposit is payable or forfeited. Where the Client paid the total Engagement fee in full, an amount equal to the applicable Deposit is forfeited and the remainder is refunded.
8.4 Rescheduling requests are subject to availability. Where a reschedule is requested more than 30 days before the shoot date, it will be accommodated without penalty and the Deposit (or full payment, as applicable) transfers to the new date. Where a reschedule is requested 30 days or less before the shoot date, a $100 rescheduling fee applies, in addition to the Deposit transferring to the new date. If a new date cannot be confirmed, the cancellation terms above apply based on the original shoot date.
8.5 If the Engagement cannot proceed due to circumstances beyond the reasonable control of either party, including but not limited to severe weather, government restrictions, or venue closure, neither party will be held liable for cancellation fees arising solely from that circumstance. Any fees already paid will be held as credit toward a rescheduled date. If no mutually agreeable rescheduled date is confirmed within 12 months, the amount will be refunded in full.
8.6 In the event that Rolo Media must cancel an Engagement due to illness, equipment failure, or circumstances beyond reasonable control, Rolo Media will provide as much notice as possible and will endeavour to offer a rescheduled date or a suitable replacement photographer/videographer. If neither option is available, all fees paid for that Engagement will be refunded in full.
8.7 For real estate marketing services, cancelling or rescheduling a booking on the same day as the shoot will incur a fee of $70, which will be added to the invoice.
9. RETAINER AGREEMENTS
9.1 Rolo Media may provide services on a recurring basis under a Retainer Agreement. Each Retainer Agreement will separately set out its own fee, frequency, scope of deliverables, term, and conditions for ending the arrangement, agreed in writing between Rolo Media and the Client.
9.2 Where a Retainer Agreement does not specify a particular matter, the relevant general terms of this agreement apply, including the payment terms and late fees in Section 7.
9.3 A Retainer Agreement is not valid until its term and exit conditions have been agreed in writing by both parties.
10. COPYRIGHT AND OWNERSHIP
10.1 Rolo Media retains full copyright ownership of all Deliverables (and any raw files) created under this agreement, in accordance with the Copyright Act 1968 (Cth). Copyright does not transfer to the Client upon payment.
10.2 For general marketing services (i.e., other than real estate marketing services), upon receipt of full payment for an Engagement, Rolo Media grants the Client a non-exclusive, perpetual licence to use the delivered Deliverables for:
- internal business use by the Client;
- delivery of Deliverables to the Client's End Client;
- publication on the Client's and the Client's End Client's owned social media platforms and websites.
This licence does not extend to resale of Deliverables, sublicensing to third parties for commercial gain, use in paid advertising campaigns, or any purpose beyond those listed above. Any additional use requires prior written approval from Rolo Media and may be subject to a separate licensing fee.
10.3 For real estate marketing services, upon receipt of full payment, Rolo Media grants the Agent a non-exclusive licence to use the delivered Deliverables to market the relevant property listing only, for the duration of that listing. This licence is granted exclusively to the Agent and cannot be transferred, assigned, or sublicensed to any other party (e.g., other agents, agencies, or contractors) without Rolo Media's written permission. Once the listing ends (e.g., the property is sold or leased), the licence to use the Deliverables ends. The Deliverables must not be used for future listings or for the same property beyond that listing without a new agreement. If a third party makes inquiries about rights to use the Deliverables, the Agent must refer them to Rolo Media. Licensing fees may apply if Rolo Media grants permission to others.
10.4 The retention of raw files under Section 4.3 does not transfer copyright. The licence terms in this Section apply equally to any raw files provided.
11. PORTFOLIO AND MARKETING RIGHTS
Rolo Media retains the right to use Deliverables from any Engagement in its own portfolio, website, social media channels, and marketing materials. Where the Client requires that specific Deliverables remain confidential for this purpose, this must be requested in writing prior to the shoot date, and Rolo Media will honour such requests in good faith. This right, and the Client's ability to opt out of it, is separate from, and not automatically affected by, the confidentiality obligation in Section 12.
12. CONFIDENTIALITY
12.1 Rolo Media acknowledges that in the course of an Engagement it may become aware of confidential or commercially sensitive information belonging to the Client, including unreleased developments, unbuilt architectural or interior designs, business plans, or other non-public material.
12.2 Rolo Media agrees not to disclose such confidential information to any third party, except as required to deliver the Engagement, as required by law, or as otherwise agreed in writing.
12.3 This clause does not, by itself, restrict Rolo Media's portfolio and marketing rights under Section 11. Where the Client requires that Deliverables from a confidential project also be excluded from Rolo Media's portfolio or marketing use, this must be separately requested in writing under Section 11.
13. ACCESS, CONDUCT, AND SAFETY ON LOCATION
13.1 The Client is responsible for ensuring Rolo Media has appropriate, safe access to the Venue for the duration of the Engagement. Any restrictions on movement, dress requirements, restricted areas, or Venue-specific rules must be communicated to Rolo Media at a minimum of 24 hours prior to arrival.
13.2 The Client warrants that the Venue is safe for Rolo Media's attendance and complies with applicable work health and safety obligations, and that the Client holds, or has confirmed with the Venue owner or operator, appropriate insurance covering third-party contractors attending the Venue.
13.3 The Client indemnifies Rolo Media against any claim, loss, injury, or damage arising from unsafe conditions at the Venue, or from the Client's or Venue's failure to disclose a hazard or restriction, except to the extent caused by Rolo Media's own negligence.
13.4 Rolo Media will conduct all work professionally and in accordance with any reasonable directions provided by the Client or Venue management.
14. MODEL AND PROPERTY RELEASES
14.1 The Client is responsible for ensuring that all necessary consents, releases, and permissions have been obtained from any individuals appearing in the Deliverables (including staff, patrons, contractors, or members of the public) and from the owners of any property or intellectual property appearing in the Deliverables, other than Venue access addressed in Section 13.
14.2 The Client indemnifies Rolo Media against any claim arising from a failure to obtain such consent, release, or permission.
15. PRIVACY AND DATA HANDLING
15.1 Rolo Media may collect and store images and video containing personal information (including identifiable individuals) in the course of providing services, and will take reasonable steps to store this material securely and to use it only to deliver the Engagement, fulfil this agreement, or as otherwise permitted under Sections 10 and 11.
15.2 Rolo Media does not sell personal information contained in Deliverables and does not provide it to third parties other than as necessary to deliver the Engagement (e.g., gallery hosting providers) or as required by law.
15.3 The Client is responsible for ensuring it has an appropriate basis, including any necessary notices or consents, for images or video of identifiable individuals to be captured and used as contemplated by this agreement.
16. LIABILITY
16.1 Rolo Media holds public liability insurance. Details are available upon request.
16.2 Rolo Media's liability in connection with any Engagement is limited to the total fees paid for that specific Engagement. Rolo Media is not liable for indirect, consequential, or special damages, including loss of revenue or business opportunity.
16.3 In the event of equipment failure, accident, or circumstances resulting in loss or damage to Deliverables, Rolo Media's liability is limited to a refund of the Balance payment for that Engagement. The Deposit paid will not be refunded in these circumstances.
17. DISPUTE RESOLUTION
The parties agree to attempt to resolve any dispute arising under this agreement in good faith through direct communication in the first instance. If a resolution cannot be reached within 14 days of written notice of the dispute, either party may refer the matter to the relevant tribunal or mediation service in Western Australia.
18. GENERAL
18.1 This agreement is governed by the laws of Western Australia, Australia.
18.2 This agreement, together with the Booking Confirmation (or Retainer Agreement, where applicable) for each Engagement, constitutes the entire agreement between the parties for that Engagement.
18.3 Any variation to this agreement must be agreed in writing by both parties.
18.4 If any provision of this agreement is found to be unenforceable, the remaining provisions continue in full force and effect.
18.5 By confirming a booking with Rolo Media, the Client acknowledges that they have read, understood, and agreed to the terms of this agreement.
CONTACT
If you have any questions, please contact Rolo Media directly.
ROLO MEDIA
Media Production Services Agreement
ABN: 47454365330