Terms of Service
These Terms of Service (Terms) govern your use of flipscreenstudio.com (the Site) and the services we provide through it. The Site is operated by Flip Screen Studio (a trading name of November Rain Co Pty Ltd, ABN 80 696 014 954) (we, us, our).
By accessing the Site or placing a Booking, you (you, your) agree to these Terms. If you do not agree, please do not use the Site or make a Booking.
These Terms work alongside our Rental Agreement and Privacy Policy. In the event of inconsistency:
- The Rental Agreement prevails in respect of the rental of the Kit
- These Terms prevail in respect of the Booking, payment, and your use of the Site
1. Definitions
In these Terms:
Booking means the order you place through the Site for our wedding film service.
Event means the wedding or event for which you have booked our service.
Kit means the camera rental equipment provided as part of the Service, as defined in the Rental Agreement.
Service means the wedding film service offered by us, including provision of the Kit, professional editing, and delivery of the final film and raw footage.
Service Fee means the total fee for the Service as set out on the relevant product page at the time of Booking.
Site means flipscreenstudio.com and any associated subdomains or pages.
2. The Service
We provide a wedding film service comprising:
- The rental of a vintage Sony Handycam camera kit (as detailed in the Rental Agreement)
- Professional editing of the footage your guests capture into a 3 to 5 minute edited wedding film
- Three short social media edits (15 to 30 seconds each)
- Delivery of the edited film, social edits, and all raw footage via a private online delivery page
- Optional add-ons as specified on the relevant product page (subject to availability)
Full details of what is included are set out on the product page at the time of your Booking. The product page forms part of your Booking and these Terms.
3. Eligibility
To make a Booking you must:
- Be at least 18 years of age
- Have legal capacity to enter into a binding contract
- Provide accurate and complete information when booking
- Have a valid Australian shipping address for delivery of the Kit (international Events on request)
4. Booking and Payment
Booking confirmation. Your Booking is confirmed only when we have received full payment of the Service Fee and sent you a written booking confirmation. Until that point, your Event date remains available to other customers.
Full payment. The full Service Fee is payable at the time of Booking. We do not offer payment plans or deposit arrangements.
Payment methods. We accept payment in Australian dollars through Shopify Payments. All amounts on the Site are inclusive of GST unless otherwise stated.
Currency and fees. All transactions are processed in Australian dollars. Any foreign exchange or international transaction fees charged by your bank or card provider are your responsibility.
Pricing. We may change our pricing from time to time. The price applicable to your Booking is the price displayed on the Site at the time you place the Booking.
5. Cancellations, Changes, and Refunds
Cancellation by you.
- More than 60 days before your Event: full refund of the Service Fee, less a AU$100 administration fee.
- Between 30 and 60 days before your Event: 50% refund of the Service Fee.
- Less than 30 days before your Event: no refund. The Booking may be rescheduled to a future date within 12 months at no additional cost, subject to availability.
- After the Kit is dispatched: no refund, but you remain entitled to receive the full Service.
Rescheduling. If you need to change your Event date, contact us as early as possible. We will use reasonable efforts to accommodate a new date within 12 months of the original Event date, subject to availability. Amounts paid will be applied to the new date. No rescheduling fee applies for the first reschedule; subsequent reschedules may incur a AU$100 administration fee.
Cancellation by us. We may cancel your Booking if:
- You breach these Terms or the Rental Agreement
- Payment is not received as set out in clause 4
- Circumstances beyond our reasonable control prevent us from delivering the Service (see clause 14)
If we cancel your Booking for any reason other than your breach of these Terms, we will refund all amounts you have paid in full.
Refund processing. Refunds will be processed to the original payment method within 10 business days of approval.
To request a cancellation, change, or refund, contact us at luke@flipscreenstudio.com.
6. Your Responsibilities
When making a Booking and using the Service, you agree to:
- Provide accurate Event date, shipping address, and contact information
- Respond to communications from us within a reasonable timeframe, particularly regarding Kit dispatch and delivery
- Ensure the shipping address is monitored to receive the Kit
- Comply with the Rental Agreement in respect of the Kit
- Inform your guests that filming will take place at your Event and obtain any consents required by law
- Not use the Service or Site for any unlawful purpose
7. Delivery Timelines
Kit delivery. We will dispatch the Kit to arrive at your shipping address in time for your Event, allowing for standard Australia Post timeframes. We are not responsible for delays caused by Australia Post or other third-party couriers.
Film delivery. Your edited film and raw footage will be delivered via a private online delivery page within 2 to 3 weeks of our receipt of the returned Kit. Delivery times may extend during peak wedding season (October to April), and we will keep you informed of any significant delay.
8. Intellectual Property
Your footage and film. You own all rights, title, and interest in the raw footage captured during your Event and the edited film we deliver to you. You may share, display, reproduce, and distribute these freely for any personal or non-commercial purpose.
Our licence to use excerpts. By placing a Booking, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use brief excerpts, stills, or short clips from your footage and edited film for the purpose of marketing, promoting, and showcasing our Services (including on the Site, social media, advertising, press, and editorial). This licence does not extend to any commercial purpose other than promoting our own Services.
Opt-out. You may opt out of this licence by notifying us in writing (email is sufficient) at the time of Booking or before the delivery of your film. Opting out does not affect any other terms of these Terms.
Site content. All content on the Site (including text, design, logos, photographs, video, and brand assets) is owned by us or our licensors and protected by copyright and trade mark laws. You may not reproduce, modify, distribute, or commercially exploit any Site content without our prior written consent.
9. Acceptable Use of the Site
When using the Site, you must not:
- Use the Site for any unlawful, fraudulent, or harmful purpose
- Attempt to gain unauthorised access to the Site, our systems, or any user accounts
- Interfere with or disrupt the Site's operation
- Scrape, harvest, or copy Site content for commercial use without our consent
- Upload or transmit any malicious code, virus, or harmful material
We reserve the right to suspend or terminate access to the Site for any user who breaches these terms.
10. Third-Party Services and Links
The Site uses third-party services including Shopify (e-commerce platform), Shopify Payments (payment processing), and may include links to third-party websites. We are not responsible for the practices, content, or terms of any third-party service, and your use of those services is governed by their own terms and policies.
11. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability to you under or in connection with these Terms (whether in contract, tort, statute, or otherwise) is limited to the total amount you have paid for your Booking
- We are not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including loss of profits, business opportunity, data, goodwill, or anticipated savings
- We are not liable for any failure or delay caused by an event beyond our reasonable control (see clause 14)
Australian Consumer Law. Nothing in these Terms 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 a 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
Equipment failure. While we test every Kit before dispatch and operate contingency processes, we cannot guarantee that specific footage will be captured. Where equipment failure attributable to us results in lost footage, the remedies set out in clause 9 of the Rental Agreement apply.
12. Indemnity
You indemnify us against any loss, damage, claim, or expense (including reasonable legal costs) arising from:
- Your breach of these Terms or the Rental Agreement
- Your negligent or wilful misuse of the Kit or Service
- Any claim by your guests or any third party arising from your Event, your use of the Kit, or content captured at your Event
13. Privacy
We collect and handle your personal information (including your name, contact details, shipping address, payment information, Event details, and footage of you and your guests) in accordance with the Privacy Act 1988 (Cth). Our handling of personal information is described in our Privacy Policy.
14. Force Majeure
Neither party is liable for any failure or delay in performing its obligations under these Terms 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. If a Force Majeure Event prevents us from delivering the Service, we will offer to reschedule your Event or provide a refund of amounts paid, at your option.
15. Marketing Communications
By placing a Booking or subscribing to our newsletter, you consent to receive marketing communications from us by email. You may opt out at any time using the unsubscribe link in our emails or by contacting us.
Our marketing communications are sent in compliance with the Spam Act 2003 (Cth).
16. Changes to These Terms
We may update these Terms from time to time. The current version, with the date of last update, will always be available on the Site. Changes apply only to Bookings placed after the date of update. Bookings already in place are governed by the Terms in effect at the time of Booking.
17. Termination
These Terms apply from the time you first access the Site or place a Booking until the Service is fully delivered or your Booking is cancelled in accordance with clause 5. Clauses intended to survive termination (including intellectual property, limitation of liability, indemnity, and general clauses) continue in force after termination.
18. General
Governing law and jurisdiction
These Terms are 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
These Terms (together with the Rental Agreement, Privacy Policy, and your Booking) constitute the entire agreement between us and supersede all prior discussions, representations, and agreements.
Variation
Any variation to these Terms must be in writing.
Severability
If any part of these Terms 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 these Terms is not a waiver of that right.
Assignment
You may not assign or transfer any rights or obligations under these Terms without our written consent. We may assign or transfer these Terms 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 these Terms must be in writing and sent by email to luke@flipscreenstudio.com (for us) or the email address on your Booking (for you).
19. Contact
For questions about these Terms, contact:
Flip Screen Studio
A trading name of November Rain Co Pty Ltd
ABN 80 696 014 954
Email: luke@flipscreenstudio.com
Newcastle, NSW
