Terms & Conditions

Content Standard Licence 

Unless in a signed contract for copyright & licencing no video/audio/photo/creative content is licensed for on air(TV), radio or digital billboards. Photography is only licensed for online, small print or PR no billboards or campaign media or campaign media print. Current licences are for Australasia media.

For ads, large campaigns, large print, TVC or international media, please contact us to discuss licensing and details.

M8S Ltd owns full copyright outright, no matter what terms or licences are agreed on, and has the ability to pull any material at any point in time.

RAW IMAGERY / FOOTAGE / WORKING FILES / CONTENT

Under no circumstances are M8S Ltd and partners (including Yeatesey, Max Foley ) liable to hand over RAW material, imagery, footage, working files and content. M8S Ltd and partners own all rights to this material and have the right to withhold any files at will, M8S Ltd may hand over RAW files for special use cases, there may be licensing agreements required and will required acceptance from M8S Ltd and partners prior to any work been taken out.

M8S will only hold onto the RAW files for up to 1 year, if you see content being used beyond this point please let us know. Otherwise, we may delete the RAW & project files after the year.

Contractors Copyright 

Contractors agree that M8S Ltd owns full copyright and ability to licence any work indefinitely for any contracted work to M8S Ltd and for M8S Ltd clients.

Loss of content

M8S Ltd takes pride in the security of content and information but at times memory cards or servers may corrupt, we endeavour to do everything possible to avoid this. As part of our standard terms and conditions, all clients understand the risks of shooting digital content and agree to take no legal action against M8S Ltd in the case of lost files.

Standard Terms & Conditions of M8S Ltd

  1. Intellectual Property: All works (photos, images, video, etc.) created by M8S remain the property of M8S unless otherwise agreed in writing.

  2. License to Use: The client is granted a license to use the works as specified in the Booking/Order form, provided full payment is made. Additional usage incurs extra fees.

  3. Exclusivity: Unless agreed upon, the license is not exclusive. The client must negotiate for exclusive rights if desired.

  4. Alterations: The client cannot alter the works without M8S’s consent. Unauthorized alterations result in a non-alteration fee.

  5. Attribution: The client must credit M8S when using the works, failing which incurs a non-attribution fee.

  6. Data Preservation: The client must respect and preserve M8S’s rights information and metadata.

  7. Storage and Backups: The client is responsible for storing and backing up the works, with backups available from M8S for a fee.

  8. Privacy and Personal Information: M8S may collect and use the client's personal information for communication and marketing purposes.

  9. Payment: Payment terms are specified in the Booking/Order, with deposits or advance payments possibly required. Payment is typically due within 7 days of invoice.

  10. Job-Related Costs: The client must reimburse M8S for any costs incurred in the production of works.

  11. Urgent Work: M8S is not liable for losses due to the inability to reshoot or correct shots under urgent deadlines.

  12. Changes to the Estimate: Estimates may change, with any increase of 10% or more communicated to the client.

  13. Overdue Payments: Late payments incur interest and M8S may suspend work.

  14. Cancellation: Cancellation fees apply depending on the notice period provided.

  15. Postponement: Fees also apply for postponing work, with different rates based on notice period.

  16. Weather Conditions: The client must cover job-related costs and part of M8S’s fees if shoots are postponed due to bad weather.

  17. Work Suspended on Client's Instructions: Payment is required for work in progress if the client suspends the work for 30 days or more.

  18. Responsibility for Contractors: The client must handle payments and releases for contractors.

  19. Client Property and Materials: The client’s property is at their risk, and M8S may charge for handling or storage.

  20. Client Confidentiality: M8S will keep confidential any information identified as such by the client, except as needed to perform the agreement.

  21. Indemnity: The client indemnifies M8S against losses resulting from breaches of the agreement, illegal or defamatory works, IP infringement, or debt recovery.

  22. Colour Variation: M8S is not liable for colour reproduction issues on systems they do not control.

  23. Quality of Works: If works are not technically acceptable, M8S can rectify them at no extra charge. Client’s representative at the shoot confirms acceptance of artistic quality.

  24. Consumer Guarantees Act 1993: The act applies if works are for personal use, otherwise, rights are subject to the agreement only.

  25. Photographer Not Liable for Losses: M8S is not liable for delays, loss of profits, or indirect losses.

  26. Liability Limited: M8S’s liability is limited to the value of payments made under the agreement.

  27. Health and Safety: The client must ensure their own safety and comply with M8S’s health and safety directions.

  28. Force Majeure: Neither party is liable for failure to fulfill obligations due to uncontrollable events.

  29. Dispute Resolution: Parties agree to attempt good faith negotiations before litigation.

  30. Conflicts: In case of conflict, the Booking/Order terms prevail.

  31. Governing Law: The agreement is governed by New Zealand law.

  32. Entire Agreement: The Booking/Order, these terms, and any special conditions constitute the entire agreement between parties.