Terms and Conditions
Going Splaces Limited (t/a Splaces and Outbound Visuals) (hereinafter referred to as Going Splaces Limited) is a New Zealand-based production company offering high-quality audiovisual production and photography services to both domestic and international clients.
These Terms and Conditions ("Terms") set forth the agreement between Going Splaces Limited and the client (hereinafter referred to as "Client" or "Clients") and are deemed binding upon acceptance of our services.
By engaging the services of Going Splaces Limited, the Client acknowledges and agrees to be bound by these Terms.
These Terms supersede any prior agreements—written or oral—and any variations must be confirmed in writing and signed by both parties.
1. Services
1.1 Going Splaces Limited agrees to provide audiovisual production and photography services as outlined in the mutually agreed project proposal and scope of work.
1.2 The Client agrees to supply all necessary cooperation, information, and materials to facilitate successful project delivery.
1.3 All instructions and expectations, including variations, must be confirmed in writing.
1.4 The Client has viewed samples of Going Splaces Limited’s work and is completely satisfied with its quality and with Going Splaces Limited’s video production capabilities and artistic style.
1.5 Going Splaces Limited reserves 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. If you have specific editing requests, please ensure these are conveyed to Going Splaces Limited PRIOR to confirming your booking as this may incur additional charges and can impact the filming and photography style.
2. Fees and Payments
2.1 The Client agrees to pay Going Splaces Limited the agreed fees as per the project proposal and invoice. All prices quoted are exclusive of GST unless stated otherwise. GST will be added upon invoicing in accordance with New Zealand tax law.
2.2 Invoices are payable within the period specified on the invoice. Late payments may result in service delays or incur interest at a rate of 3% per month.
2.3 Going Splaces Limited reserves the right to withhold project deliverables until full payment of outstanding balances is made.
2.4 Once a production or post-production stage is approved, it is considered final. Additional revisions may incur further fees.
2.5 Final deliverables will be released upon approval and full payment.
2.6 Revisions requested after final approval may be subject to additional fees as outlined in Section 3.
2.7 Travel within a 35km radius of Auckland CBD is included at no extra charge. For travel beyond this radius, pricing will be determined on a case-by-case basis, considering factors such as distance, accommodation, and other travel-related costs.
3. Changes and Revisions
3.1 Any changes to the scope of work or project specifications must be agreed upon in writing. Additional fees may apply.
3.2 Post-production includes up to two rounds of revisions at no extra cost. These are structured as follows:
First Draft: Delivered within 10 working days of production wrap.
Refined Draft: Delivered within 5 working days of receiving feedback on the First Draft.
Final Edit: Delivered within 3 working days of feedback on the Refined Draft.
3.3 Any further revisions beyond the second round may incur additional charges, assessed on a case-by-case basis. Changes to the finished product to accommodate aesthetic, personal tastes or a “change of mind” will result in additional fees and will be addressed with the Client on a case-by-case basis.
3.4 All deliverables will be shared via secure cloud storage. Clients are encouraged to provide prompt feedback to help ensure timely delivery.
4. Licensing, Copyright, and Intellectual Property
4.1 Upon full payment, the Client receives a non-exclusive, non-transferable license to use the final deliverables as outlined in the project scope.
4.2 Going Splaces Limited retains all ownership, copyrights, and intellectual property rights for original content, including footage, scripts, storyboards, and concepts. Raw footage and unedited photos will not be released.
4.3 The Photographer does not accept commissions to create copyright works other than to agree to license such parts of the works selected by the Photographer for presentation to the Client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act.
4.4 The Photographer grants the Client a license to reproduce and publish the Photographic Works ("Photographic Works" includes transparencies, negatives, prints, digitised images in electronic or any other form or medium) for the purposes, territories, and time period specified.
4.5 This license must not be assigned to any third party without the Photographer’s prior written consent (which shall not be unreasonably withheld), but may be sublicensed by the Client on the same terms and conditions to the Advertiser named in the license.
4.6 Where applicable, Clients agree to comply with any third-party usage licenses and must refrain from altering licensed elements without prior consent and potential re-licensing.
4.7 Clients may request additional licenses for reuse, which will not be unreasonably withheld, subject to a reasonable fee.
4.8 Unless otherwise agreed in writing, Going Splaces Limited retains the right to use created work globally for:
Business promotion
Client portfolio
Awards and competitions
Inclusion in showreels, websites, and social media
4.9 Clients are responsible for obtaining necessary model releases, moral rights waivers, and privacy waivers unless otherwise contracted. Clients indemnify Going Splaces Limited for any related claims or liabilities.
5. Confidentiality
5.1 Clients must inform Going Splaces Limited of any confidential information. Such information will be kept confidential, except where disclosure is necessary to fulfil the agreement.
5.2 Both parties agree to maintain confidentiality over shared trade secrets, business strategies, and project-related information.
6. Cancellation and Postponement
6.1 In the event of cancellation or postponement by the Client, where Going Splaces Limited is not in breach, the Client must reimburse all incurred costs up to that point.
6.2 Additional cancellation fees are as follows:
Within 5 working days – 25% of quoted production cost
Within 48 hours – 50% of quoted production cost
Within 24 hours – 100% of quoted production cost
6.3 These charges reflect resource allocation losses and reasonable business planning.
6.4 Suspensions longer than 45 days require payment for work to date and incurred costs.
7. Weather Postponement and Cancellation
7.1 Weather-related rescheduling is permitted up to 24 hours before the shoot, subject to crew availability, without fees.
7.2 Notice under 24 hours incurs a 100% cancellation fee.
7.3 Additional weather-related costs may be quoted at the time.
7.4 Clients are advised to arrange weather insurance.
8. Force Majeure
8.1 In case of Force Majeure cancellations, Clients are responsible for reimbursing external pre-production costs.
8.2 Hard costs will be negotiated in good faith with suppliers to minimise impact.
8.3 Both parties will make reasonable efforts to reschedule, subject to talent, location, and crew availability.
9. Termination
9.1 Either party may terminate the agreement with written notice. Clients are liable for all work completed up to the termination date.
9.2 Going Splaces Limited may terminate the production for breach of Terms without refund.
10. Liability
10.1 Going Splaces Limited is not liable for any consequential losses from the use of its services.
10.2 All materials supplied by the Client are at the Client’s risk. Going Splaces Limited assumes no liability for maintenance or insurance.
10.3 Property left with Going Splaces Limited for more than 3 months after project completion may be disposed of.
11. Indemnity
11.1 The Client agrees to indemnify Going Splaces Limited for any loss, claim, or expense resulting from:
Breach of these Terms
Defamatory or unlawful content approved by the Client
Infringement of third-party intellectual property
Recovery of owed funds
11.2 Such amounts are considered due under these Terms.
11.3 Clients must obtain all necessary third-party clearances and approvals.
12. Governing Law
12.1 These Terms are governed by New Zealand law. Any disputes fall under the exclusive jurisdiction of New Zealand courts.
13. Miscellaneous
13.1 These Terms constitute the full agreement between the parties.
13.2 Amendments must be in writing and signed by both parties.