Terms and Conditions & Terms of Service
Effective Date: [17-05-2025]
Business Name: BaileyBVisuals
Sole Trader: Bailey Baranenko
ABN: 80 550 489 808
Website: www.baileybvisuals.com
BaileyBVisuals is owned and operated by Bailey Baranenko, sole trader (ABN 80 550 489 808).
Nothing in these terms limits your rights under the Australian Consumer Law.
By accessing this website or engaging the services of BaileyBVisuals, you agree to the terms outlined below. These Terms and Conditions apply to all clients unless otherwise stated in writing.
1. Introduction & Acceptance
By using our website or services, you agree to these terms. If you do not agree, please do not use our services. These terms may be updated periodically, and continued use constitutes acceptance of the latest version.
2. Services & Booking
BaileyBVisuals provides videography, video editing, and content production services. Project details will be outlined in a custom proposal or agreement.
Scope of Work: A clear Scope of Work (SOW) will be provided. Any changes must be agreed to in writing. BaileyBVisuals reserves the right to determine if a request is a revision or a new task.
Artistic License: Unless otherwise stated, creative direction is at the discretion of BaileyBVisuals. Clients acknowledge and accept our style and approach. Minor differences in tone, pacing, or editing are not valid grounds for refunds or reshoots.
3. Payments, Deposits & Refunds
Deposit & Payment: A non-refundable deposit of [50%] is required to secure a booking. Final payment is due before delivery of final files unless otherwise agreed in writing.
Cancellations: Cancellations must be made with at least [7] days’ notice. Deposits are non-refundable. If significant work has begun, additional fees may apply. Refunds, where applicable, will be limited to services not yet rendered and exclude non-refundable deposits.
Rescheduling: BaileyBVisuals reserves the right to reschedule due to force majeure, illness, or unsafe conditions. Additional rescheduling costs may apply.
Project Abandonment: Unless otherwise stated, if a client is unresponsive for more than 30 days, the project may be marked as abandoned. Deposits will be retained, and reactivation will require new terms and fees.
4. Revisions & Turnaround
Each project includes up to three (3) rounds of revisions unless otherwise stated. Revision requests must be made within 7 days of delivery. Additional rounds may incur charges.
Turnaround Times: Will be stated in the project proposal. Rush delivery requests must be agreed upon in writing and may incur a fee. Delays caused by the client (e.g., late feedback or missing files) may extend the delivery timeline.
5. File Delivery & Storage
Final deliverables are available for 60 days after delivery. Raw footage and project files are stored for 90 days.
After this period, files may be deleted or archived. Retrieval will incur a File Recovery Fee. Clients may request raw files or project files for an additional fee unless otherwise stated. Ownership terms still apply.
6. Ownership, Copyright & Licensing
All content created by BaileyBVisuals is the intellectual property of Bailey Baranenko unless otherwise agreed in writing.
Upon full payment, clients are granted a non-exclusive, non-transferable license to use the final content for agreed purposes (e.g., social media, internal use, etc.). Clients may not resell, sublicense, or alter the work without permission.
BaileyBVisuals retains the right to use completed work for promotional purposes, including portfolio, website, and social channels unless otherwise stated in writing.
7. Legal Use & Responsibility
Client-Supplied Assets: Unless otherwise stated, clients are responsible for ensuring any materials (logos, music, footage, etc.) are properly licensed. BaileyBVisuals is not liable for any legal claims related to these materials.
Usage Restrictions: Clients may not use the content for political ads, deepfakes, hate speech, unlawful or misleading use, or adult content. Breaches may result in legal action and revocation of rights.
Third-Party Use: Clients must inform BaileyBVisuals if the content will be passed to another company, agency, or third party. Additional licensing may apply.
Credit Attribution: Unless otherwise stated, BaileyBVisuals may request credit (e.g., "Filmed by BaileyBVisuals") in public-facing content.
Talent & Location Releases: Unless agreed otherwise, clients are responsible for securing all necessary talent releases and location permissions.
Hold Harmless: Clients agree to hold harmless and indemnify BaileyBVisuals from claims, damages, or expenses resulting from misuse or unauthorised distribution of content.
Limitation of Liability: BaileyBVisuals’ liability is limited to the total project fee. We are not responsible for indirect losses, delays caused by clients, or third-party misuse.
8. Safety, Environment & Equipment
Safe Working Conditions: BaileyBVisuals reserves the right to pause or cancel a shoot if conditions are unsafe or inappropriate. Rescheduling due to unsafe environments may incur fees.
Damage to Equipment: Clients may be held liable for damage to equipment resulting from negligence or unsafe environments during on-site work.
9. Discounts & Promotions
Friends & Family Discount: A 35% discount may be offered at BaileyBVisuals’ discretion. This must be agreed to in writing before the project begins. Discounts cannot be applied retroactively or combined with other offers.
10. Dispute Resolution & Jurisdiction
Force Majeure: BaileyBVisuals is not liable for failure to deliver services due to events beyond our control, such as illness, weather events, equipment failure, or transport disruptions.
Jurisdiction: These terms are governed by the laws of Australia. Any disputes will be resolved under the jurisdiction of New South Wales (NSW), unless otherwise agreed in writing.
11. Contact Information
Email: BaileyBVisuals@gmail.com
Phone: Available upon request
Website: www.baileybvisuals.com
12. Modifications to Terms
BaileyBVisuals may update these terms at any time. Continued use of services signifies acceptance of the latest version. Clients with ongoing or recurring work will be notified of any major changes relevant to their current agreements.