Rental Agreement

1. Definitions

In this Agreement:

Booking means the order you place with us for our wedding film service.

Kit means the camera equipment we send to you, as described in clause 2.

Rental Period has the meaning given in clause 3.

Event means the wedding or event specified in your Booking.

2. The Kit

The Kit includes:

• One vintage Sony Handycam (one camera for Signature bookings, two for Deluxe bookings)
• Two spare batteries per camera, with charging cable
• One 32GB SD card per camera, pre-inserted
• A canvas pouch with welcome cards and shot prompts
• A pre-paid Australia Post return satchel

Each item will be identified by serial number where applicable and inspected before dispatch. The Kit ships from our studio in Newcastle, NSW.

Title to and ownership of the Kit remains with us at all times. You hold the Kit as bailee only, and you must not pledge, assign, sublet, or otherwise dispose of the Kit or any interest in it.

3. Rental Period

The Rental Period begins on the earlier of:

• the date the Kit is delivered to the address you provided, or
• the date of attempted delivery as recorded by Australia Post

The Rental Period ends on the date specified in your Booking, being:

• 7 days from the start date for Signature bookings, or
• 10 days from the start date for Deluxe bookings

You must drop the Kit at any Australia Post office on or before the end date of the Rental Period using the pre-paid return satchel provided.

4. Use of the Kit

The Kit is provided for your personal, non-commercial use at the Event. You may:

• Hand the camera to any guest at your Event to film with
• Use it indoors and outdoors in fair weather conditions
• Film any aspect of your Event you wish, subject to clause 11 (Privacy and Guests)

You must not:

• Use the Kit for any commercial purpose, including paid filming or content production
• Lend, sublet, or transfer the Kit to anyone outside your Event
• Take the Kit underwater, expose it to rain, snow, sea spray, or other inclement weather
• Use the Kit in extreme temperatures (below 0°C or above 40°C)
• Attempt to modify, repair, open, or service the camera body or any component
• Remove, delete, format, or tamper with the SD card or its contents during the Rental Period
• Use the Kit in any unlawful manner

5. Care and Custody

You are responsible for the Kit from the start of the Rental Period until it is received back at our studio. You must:

• Store the Kit in a clean, dry environment away from extreme heat, moisture, sand, dust, and sharp objects
• Take reasonable care to prevent loss, theft, or damage
• Return all components of the Kit, including the camera, batteries, charging cable, SD card, canvas pouch, cards, and the original packaging

6. Damage, Loss, and Replacement Costs

Ordinary wear and tear consistent with normal use at a wedding event is expected and will not be charged.

You are liable for the reasonable cost of repair or replacement if the Kit is:

• Lost, stolen, or unaccounted for while in your care
• Damaged due to misuse, negligence, accident, or breach of this Agreement
• Returned with missing components

Replacement values (indicative, subject to current market rates at the time of replacement):

• Sony Handycam: AU$450 per unit
• Spare battery: AU$45 per unit
• SD card: AU$20
• Charging cable: AU$15
• Canvas pouch and cards: AU$25

All amounts are inclusive of GST. We will assess any damage in good faith and notify you in writing of any charges before processing payment. You will have 7 days to dispute the assessment before charges are applied to the payment method on file.

If you wish to dispute an assessment, please contact us at luke@flipscreenstudio.com and we will work with you in good faith to resolve the dispute.

7. Late Returns

If the Kit is not lodged with Australia Post by the end of the Rental Period:

• A rebooking fee of AU$50 per day will apply (covering rescheduling of subsequent bookings and loss of equipment availability), up to a maximum of AU$300
• If the Kit is not lodged within 14 days of the end of the Rental Period, you will be liable for full replacement costs of the Kit as set out in clause 6

The above does not apply where the delay is caused by Australia Post, natural disaster, postal strike, or other event reasonably beyond your control (see clause 13).

8. Footage and SD Card

All footage captured on the SD card during the Rental Period is required for our edit process and forms part of your final delivery. You must not delete, format, remove, or copy footage from the SD card during the Rental Period.

Once we receive the Kit, we will upload all raw footage to your private delivery page within 2 to 3 weeks, alongside your edited film, in accordance with the deliverables described in your Booking.

You own the raw footage and edited film. We retain a non-exclusive, royalty-free, perpetual licence to use brief excerpts of the footage and edited film for our marketing and portfolio purposes, subject to your prior approval which will not be unreasonably withheld. If you do not wish for any of your footage to be used for our marketing, please notify us in writing before delivery.

9. Equipment Failure

Each Kit is inspected and tested before dispatch. In the unlikely event of equipment failure during your Event:

• Contact us immediately at luke@flipscreenstudio.com
• We will respond within 4 hours during business hours and provide support
• Where practicable and within reasonable time, we will arrange a replacement Kit at our cost
• If footage is partially or wholly lost as a result of equipment failure caused by us (and not by your misuse), we will offer a refund calculated as follows: a refund proportional to the percentage of your Event not captured, with a minimum refund of 25% and a maximum refund of 100% of the rental fee paid

10. Cancellation

If you cancel your Booking:

• More than 60 days before your Event: full refund less a AU$100 administration fee
• 30 to 60 days before your Event: 50% refund of the rental fee
• Less than 30 days before your Event: no refund, but the Booking may be rescheduled to a future date within 12 months at no additional cost, subject to availability

If we cancel your Booking (other than due to your breach of this Agreement), we will provide a full refund.

11. Privacy and Guests

You acknowledge that your guests will be filmed during your Event. By using the Kit, you warrant that:

• You have informed your guests that filming will take place
• You have, where required, obtained consent from your guests to be filmed and to have their image used in your edited film
• You indemnify us against any claims made by your guests or third parties arising from their being filmed at your Event

Our handling of your personal information is governed by our Privacy Policy.

12. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability under this Agreement (whether in contract, tort, or otherwise) is limited to the total amount you paid for your Booking
• We are not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profits, loss of opportunity, or loss of enjoyment
• Nothing in this Agreement excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded

If we are found liable for failure to comply with a consumer guarantee under the Australian Consumer Law that cannot be excluded, our liability for that failure is limited (at our option) to:

• The supply of the service again, or
• The payment of the cost of having the service supplied again

13. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under this Agreement to the extent caused by an event beyond its reasonable control, including natural disasters, pandemics, government restrictions, postal strikes, fire, flood, or acts of war (a Force Majeure Event). The affected party must notify the other party promptly and use reasonable efforts to mitigate the effect.

14. Indemnity

You indemnify us against any loss, damage, claim, or expense (including legal costs) arising out of or in connection with:

• Your breach of this Agreement
• Your negligent or wilful misuse of the Kit
• Any claim by your guests or any third party arising from your Event or your use of the Kit

15. Privacy

We collect and handle personal information about you (including your name, contact details, address, payment information, and footage of you and your guests) in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

16. General

Governing law and jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.

Entire agreement

This Agreement (together with our Terms of Service, Privacy Policy, and your Booking) constitutes the entire agreement between us and supersedes all prior discussions, representations, and agreements.

Variation

Any variation to this Agreement must be in writing and signed by both parties.

Severability

If any part of this Agreement is found to be invalid or unenforceable, the remaining parts continue in force.

Waiver

A failure or delay by us to exercise any right under this Agreement is not a waiver of that right.

Assignment

You may not assign or transfer any rights or obligations under this Agreement without our written consent. We may assign or transfer this Agreement to a related entity or successor.

Dispute resolution

Before commencing any court proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation, and if unresolved within 21 days, by mediation through the Resolution Institute or another mediator agreed in writing.

Notices

Notices under this Agreement must be in writing and sent by email to luke@flipscreenstudio.com (for us) or the email address on your Booking (for you).

17. Contact

For questions about this Agreement, contact:

Flip Screen Studio
A trading name of November Rain Co Pty Ltd
ABN 80 696 014 954
Email: luke@flipscreenstudio.com
Newcastle, NSW