Terms and Conditions

These Terms set out how bookings, working hours, payment and rights are handled. They formalise the working practice by which Robert C Morton and associated contractors operate. Points can be negotiated or clarified before a job, and any variation agreed in writing takes precedence over the corresponding clause below.

1. About these Terms

1.1These Terms apply to every quotation, booking and contract between Robert C Morton and a Client, unless varied in writing.

1.2Where a Client’s own terms are introduced, the parties will identify any conflict before the booking is confirmed and agree in writing which clause governs. In the absence of such agreement, these Terms apply.

1.3A variation to these Terms is effective once both parties have agreed to it in writing. Either party may propose a variation at any time before confirmation.

1.4Quotations, booking confirmations and invoices identify the version of these Terms and the version of the Rate Card that apply.

1.5Robert C Morton is engaged as an independent contractor and is not an employee of the Client, other than for the superannuation guarantee deeming provision described at clause 13.4. ABN 42 269 457 422.

2. Definitions

Booking

An engagement for a stated date or dates, whether confirmed or on hold.

Business hours and business days

Excluding weekends and public holidays observed across the whole of New South Wales.

Call Time

The first requirement of the day, subject to clause 7.2.

Client

The production, company or person placing the booking.

Confirmed

A booking accepted by both parties, or a hold that has converted under clause 4.5.

Hold

A date reserved but not yet confirmed.

Rate Card

The current schedule of day rates, hourly rates and equipment rates applying to the booking. Separate Rate Cards apply to Australian and to international engagements.

Recorded Material

All footage, stills, audio and associated data recorded in the course of a booking.

Sydney Metro

Within a 20km radius of the Sydney GPO.

Wrap

Departure from the final location, or the final requirement of the day, subject to clause 7.2.

3. Rates and the Rate Card

3.1Day rates, hourly rates, overtime rates and equipment rates are set out in the current Rate Card, which is provided with each quotation and available on request.

3.2Separate Rate Cards apply to Australian engagements and to international engagements. The applicable Rate Card is identified on the quotation.

3.3Where these Terms and the Rate Card differ, the Rate Card governs rates and these Terms govern everything else.

3.4Rates are reviewed annually and are subject to change with job specifics. The rate quoted at the time of confirmation is the rate that applies to that booking.

3.5All rates are quoted excluding GST. GST is added where applicable and shown separately on the invoice.

4. Quotations, bookings and holds

4.1Bookings are taken as a half day of up to 5 hours or a full day of up to 10 hours.

4.2Bookings are accepted subject to availability and are either confirmed at the time of booking or placed on hold.

4.3A hold carries no fee and may be released by either party at any time before it converts.

4.4Where a second enquiry is received for a held date, the Client holding the date will be contacted and given the opportunity to confirm or release before the date is offered elsewhere.

4.5A hold converts to a confirmed booking 48 business hours before the shoot day unless it has been released or renegotiated before that point.

4.6Schedules should adhere to the booked times, as other bookings may be held around them. A job that wraps early is billed as originally booked.

5. Cancellation, postponement and force majeure

5.1Cancellations are made in writing to mail@robertcmorton.com and take effect once acknowledged. Notice by telephone or SMS on 0416 144 773 (+61 416 144 773) is welcome in addition, and is confirmed in writing.

5.2Once a booking is confirmed, cancellation fees apply at 50% within 48 business hours and 100% within 24 business hours of the shoot day.

5.3Cancellation fees compensate for alternative work turned away for the reserved dates. Where the reserved dates are subsequently filled with replacement work of equivalent value, the cancellation fee is reduced to the extent of that replacement work.

5.4Costs already irrevocably incurred for a cancelled booking, such as non-refundable travel, accommodation or sub-hired equipment, are payable in addition to any cancellation fee.

5.5Force majeure. Where a booking is prevented by an event beyond the reasonable control of either party, including natural disaster, government direction, public health order, industrial action or the closure of a location or border, the parties will first seek to reschedule to a mutually available date at no cost. Where rescheduling is not possible within 90 days, a fee of 25% applies in place of the fees at clause 5.2, together with any costs already irrevocably incurred.

5.6Weather holds and postponements outside clause 5.5 are negotiated on a job by job basis.

6. The working day, overtime and turnaround

6.1Time is measured from Call Time to Wrap within Sydney Metro, and portal to portal at all other national and international locations. Time measured includes lunch, travel and appropriate breaks.

6.2Half day. Up to 5 hours. Hours 6 to 8 are charged at the hourly rate on the Rate Card, capped at the full day rate. Beyond 8 hours the day is charged as a full day.

6.3Full day. Up to 10 hours. The full day rate already incorporates hours 9 and 10 at 1.5 times the base hourly rate. A 10 hour day is therefore charged as 11 base hours, being 8 hours at the base rate and 2 hours at 1.5 times that rate.

6.4Overtime. Beyond 10 hours, time is charged at double the base hourly rate, per hour or part thereof. Overtime applies to all bookings unless specifically negotiated in writing before confirmation.

6.5Limit on working hours. A working day, including any overtime buy-out, is limited to 14 hours on production days and 16 hours on travel days, excluding long-haul flights.

6.6Turnaround. A minimum 10 hour turnaround applies between wrap and the following call time, consistent with standard industry practice. Where a shorter turnaround is scheduled, the position is agreed in writing beforehand.

6.7Meals. An opportunity for a meal is due every five hours. An hour of overtime is charged for each missed opportunity.

7. Transport and mileage

7.1Quoted rates include a transport allowance within Sydney Metro of 50km per day. Distance beyond 50km is charged at A$1.00 per kilometre.

7.2Locations beyond 20km of the Sydney GPO but still considered within Sydney consume the 50km transport allowance from the 20km boundary onward. Call Time is calculated from that boundary and, where applicable, the return to that boundary is treated as Wrap. For ease of reference, 1km is treated as 1 minute.

7.3Road journeys outside Sydney incur mileage at A$1.00 per kilometre from the outset of the journey, with time measured portal to portal.

7.4Tolls, parking fees and related charges incurred in the course of production are billed to the Client.

7.5Transport provided by the Client is to meet adequate safety, comfort and security standards, or be negotiated with respect to the nature of the production.

8. Travel away from home

8.1This section applies where a booking requires an overnight stay away from home, at any national or international location.

8.2Per diems are charged at A$120 per day, covering meals, telecommunications and weekly laundry. Where the Client caters and provides for these directly, the per diem is adjusted accordingly. Alternative arrangements are welcome.

8.3Accommodation is charged at A$300 per night where it is not booked and paid for by the Client. Accommodation provided by the Client is to meet adequate safety, comfort and security standards, or be negotiated with respect to the nature of the project.

8.4Working hours and travel days at all locations beyond Sydney are measured portal to portal, inclusive of lunch, travel and appropriate breaks.

8.5Travel days and rest days include no filming. A recce on a travel day is welcome where it is of reasonable duration and the site is en route or within reasonable proximity of crew accommodation.

8.6Airport transfers and airport parking are billed to the Client.

9. Equipment, media and data

9.1Equipment listed on the Rate Card is a guide. Equipment brought to a location is deemed appropriate for the booking.

9.2Equipment requests are met as closely as possible. Where a specific model is unavailable, a suitable replacement is sought.

9.3Recording media. Cards and drives are supplied as part of the equipment package and charged as shown on the Rate Card. Where the Client supplies its own media, that media is the Client’s responsibility.

9.4Data offload. Where data wrangling and offload are performed, the time forms part of the booked day unless quoted separately. Two copies are made where the schedule allows.

9.5Delivery. Delivery format and method are agreed at the time of booking. Shuttle drives, courier and transfer costs are billed to the Client. Responsibility for Recorded Material passes to the Client on delivery and acceptance.

9.6Retention. Recorded Material is retained for 30 days after delivery and is then deleted. Longer retention can be arranged in writing. Robert C Morton is not the archive of record for a production.

9.7Sub-hired equipment. Equipment sourced on behalf of a Client may incur a 20% handling fee, in addition to tolls and charges incurred during pick-up and return. Equipment rented on behalf of the Client is the Client’s responsibility.

9.8Technical failure or loss. For equipment owned by Robert C Morton, excluding dry hire, the cost of replacement in Sydney is borne by Robert C Morton. At all other locations the cost of replacement is borne by the Client.

9.9Subject to clause 16.2, no responsibility is accepted for lost opportunity, lost imagery or lost sound arising from technical failure.

9.10Dry hire. On dry hire, the hirer accepts that all equipment is in good working order before it leaves the premises. Subject to clause 16.2, no liability is accepted in connection with the rental, loss or use of dry hired equipment.

10. Drone and remotely piloted aircraft operations

10.1Drone operations are conducted under a CASA Remote Operator’s Certificate, by a licensed Remote Pilot holding an Aeronautical Radio Operator Certificate, and are covered by public liability insurance to A$20 million.

10.2Certificates, licences and certificates of currency are available on request.

10.3Flight is subject to CASA rules, airspace conditions, weather and the pilot’s assessment on the day. The decision not to fly rests with the pilot and is final.

10.4Area approvals, landowner permission, council permits and any authorisation required for controlled airspace or populous areas are arranged before the shoot day. Where the Client is arranging these, they are to be in place before Call Time.

10.5A booked drone day that cannot proceed on safety, weather or airspace grounds remains a booked day.

11. Insurance and risk

11.1Robert C Morton holds public liability insurance to A$20 million, equipment insurance, and separate drone public liability insurance to A$20 million. Certificates of currency are available on request.

11.2The Client is to hold production insurance appropriate to the project, including public liability cover.

11.3Where the Client takes custody of equipment owned by Robert C Morton, the Client is to ensure that equipment is covered under its production insurance for the period of custody.

11.4Where damage caused by the Client falls below the applicable insurance excess, the cost of repair or replacement is payable by the Client up to the amount of that excess.

11.5Damage caused by handling by unauthorised persons, or by the actions of persons associated with or engaged by the Client, is charged to the Client. Authorisation is restricted to senior persons in the camera, sound, lighting and grip departments.

12. Safety and the workplace

12.1A safe workplace is maintained at all times. All personnel reserve the right of refusal where work cannot be carried out safely.

12.2The Client is to notify Robert C Morton of all reasonably foreseeable risks related to the job, before confirmation where possible.

12.3Productions planning to shoot in hostile environments are to advise before confirmation. Such environments include exposure to sand, salt, water, dust, biological and chemical agents, civil unrest and declared hostilities.

12.4Locations are to have access to catering facilities, be suitably catered by the Client, or crew are to be informed of special requirements before the shoot.

12.5A current Working with Children Check and construction induction card (White Card) are held and available on request.

13. Payment, GST and superannuation

13.1Payment terms are 30 days from the date of invoice, or as stipulated on the invoice. Payment is made by direct deposit in Australian dollars.

13.2GST. All rates are quoted excluding GST. GST is added where applicable and shown separately on the invoice.

13.3Late payment. Invoices unpaid after the due date accrue interest daily at the Reserve Bank of Australia cash rate plus 6% per annum, calculated from the due date until payment is received in full. Reasonable costs of recovery, including debt collection and legal costs, are payable by the Client. No other late payment fee applies.

13.4Superannuation. Under section 12(8) of the Superannuation Guarantee (Administration) Act 1992 (Cth), a person paid to perform services in or in connection with the making of a film, tape or disc, or of any television or radio broadcast, is deemed an employee for superannuation guarantee purposes, notwithstanding that they contract under an ABN.

13.5Superannuation is therefore payable by the Client in addition to the quoted fee, at the prevailing superannuation guarantee rate, currently 12%. It is calculated on the labour component only and is not payable on equipment hire, vehicle hire, room hire or reimbursed expenses. The labour component is itemised separately on every quotation and invoice.

13.6Superannuation is paid by the Client directly into the nominated superannuation fund through a SuperStream compliant channel. It cannot lawfully be paid to Robert C Morton to remit.

13.7Payday super. Since 1 July 2026, contributions are to reach the fund within 7 business days of the contractor being paid. An invoice is not treated as settled until both the invoiced amount and the associated superannuation contribution have been paid.

13.8Guidance for clients unfamiliar with this obligation, including how and where to pay, is set out at robertcmorton.com/contact/superannuation.

13.9Original receipts are retained for accounting purposes and charges are itemised on the invoice.

14. Copyright, licence, credit and artificial intelligence

14.1Before payment. Copyright and all other rights in Recorded Material remain with Robert C Morton until the invoice, including the associated superannuation contribution, has been paid in full. No licence to use, copy, exhibit, broadcast or distribute the material is granted before that time.

14.2On payment. On receipt of payment in full, copyright in the Recorded Material is assigned to the Client, subject to clause 14.3.

14.3Reserved rights. Robert C Morton retains a perpetual, non-exclusive, royalty-free right to use excerpts of the Recorded Material for portfolio, showreel, website, awards submission and teaching purposes. Where an embargo is required, its length is agreed in writing at the time of booking.

14.4Moral rights. Robert C Morton asserts the right of attribution. A credit is given in the form agreed at booking wherever a cinematography or camera credit is given.

14.5Artificial intelligence. Recorded Material is not to be used to train, fine-tune or evaluate machine learning or generative artificial intelligence systems without prior written consent.

15. Confidentiality and privacy

15.1Each party keeps confidential the other’s non-public information, including scripts, schedules, unreleased footage, talent details and commercial terms, and uses it only for the purposes of the booking.

15.2This obligation does not apply to information that is already public, that is received from a third party without restriction, or that is required to be disclosed by law.

15.3Personal information collected in the course of a booking is used only for the purposes of that booking and is handled in accordance with the Privacy Act 1988 (Cth).

16. Liability

16.1Subject to clause 16.2, liability arising from illness, error, omission, professional negligence, technical or mechanical failure, or the effects of crime, is limited to the total fee payable for the booking to which the claim relates.

16.2Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified, nor any liability for death or personal injury caused by negligence. Where liability under a non-excludable guarantee may be limited, it is limited at Robert C Morton’s option to resupplying the services or paying the cost of resupply.

17. Foreign and visiting productions

17.1The international Rate Card applies to visiting productions. Payment is in Australian dollars, and international transfer fees and any withholding are borne by the Client.

17.2Required payments are received before commencement. Final payment, including incurred costs, is due on completion of each schedule. Scheduled payments can be negotiated for long-term projects.

17.3Continuation of services beyond the schedule is negotiable.

17.4Discontinuation of services within the schedule incurs the applicable cancellation fees, together with air transport to Sydney for personnel and equipment.

17.5Recorded Material may be withheld until payment is received. Where material is withheld, its return is arranged on receipt of payment by the Client’s means and at the Client’s expense. All due care is taken, and subject to clause 16.2 no responsibility is accepted for losses in transit.

18. General

18.1Substitution. Where Robert C Morton is unable to attend a confirmed booking through illness or another cause beyond reasonable control, a suitable replacement of equivalent experience is sought, subject to the Client’s approval. Any difference in rate is agreed in writing before the replacement attends.

18.2Subcontractors. Additional crew engaged for a booking are engaged on these Terms.

18.3Notices. Notices are given in writing by email to the addresses on the booking confirmation and take effect on acknowledgement.

18.4Dispute resolution. Where a dispute arises, the party raising it gives written notice and the parties meet, in person or by video, within 14 days to seek resolution in good faith. Where the dispute is unresolved after 30 days, the parties refer it to mediation before commencing proceedings. This clause does not prevent either party from seeking urgent interlocutory relief.

18.5Governing law. These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.

18.6Where a clause is found to be unenforceable, it is severed and the remaining clauses continue to apply.