1. Introduction

  1. These terms and conditions govern the relationship between a Host and a Creator in respect of a Location.
  2. When you use the Platform as either a Creator or a Host, a Creator Agreement or Host Agreement (whichever is applicable) will thereby come into existence between you and Reccefy containing the terms and conditions available therein. You must read and agree to the applicable agreement as you will be bound by it.
  3. You agree to be bound by these terms and conditions.

2. Definitions

  1. In these terms and conditions, the definitions have the following meanings:

Additional Costs means other expenses made mandatory by the Host, which may include, but is not limited to, items like security, cleaning, unsociable hours.

Agreement means the agreement to which these terms and conditions are attached.

Creator means any person, seeking to make a Creative Work, who is registered to search and book Locations on the Platform.

Creative Work means any end result of the endeavour for which the Location is being booked including, but not limited to, photograph/s, feature film, television series, web-series, short film, music video, corporate film, television commercial, cinema commercial, or other video/photographic content.

Crew means any person that the Creator engages with including, officers, agents, staff, or contractors, to assist in creating the Creative Work and who enters the Location. 

GST means a goods and services tax imposed by or through A New Tax System (Goods and Services Tax) Act 1999.

Host means a person who is a registered Reccefy user and lists their space as a Location on Reccefy.

Host Services means services provided by a Host to a Creator in conjunction with the Location.

Intellectual Property Rights means any intellectual property right at any time protected by statute or common law in Australia or elsewhere in the world and whether registered or unregistered, including copyright, trade marks and registered designs.

Law means any Commonwealth, State, Territory or local government legislation in force in Australia or any law of a foreign jurisdiction, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation and the common law in Australia.

Location means any space made available for booking on the Reccefy Platform.

Location Fee means the fee set by the Host on the Platform for use of the Location.

Location Guidelines means the set of rules provided by the Host, to the Creator, specifically in relation to the use of a Location.

Location Profile means the online listing created for the space, which includes photos and specifications to assist the Creator with their search.

Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.

Moral Rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed as conferred by the Copyright Act 1968 (Cth).

Optional Extras means any non-compulsory services offered by the Host. These may include, but are not limited to, items such as catering, staffing, equipment.

Platform means the website (http://reccefy.com/) to list, search and book Locations to create a Creative Work and provide the Reccefy Services.

Reccefy means Reccefy Pty Ltd (ABN: 78 620 183 959).

Reccefy Services means the provision of the Platform and other support services associated with the Platform.

Registration means the application process to sign up as an approved Reccefy Creator. 

Service Fee means 15% of Location Fee.

Total Booking Cost means the Location Price plus the cost of any Optional Extras that have been selected, and the Service Fee. This will be the complete price charged to Creators to book the Location.

3. Creator Obligations

  1. The Creator agrees and acknowledges that the Location may only be used to create a Creative Work.
  2. There are Additional Costs and Optional Extras offered, in respect to some Locations, during the time of booking. If the Creator selects a Location with Additional Costs or chooses to request Optional Extras, it is the Creators responsibility to pay the Host directly for these after the booking is confirmed.
  3. The Creator must manage the Crew to ensure they abide by the Location Guidelines. The Creator is responsible for any action, Loss or damage caused directly or indirectly by any of the Crew.
  4. The Creator must ensure that the Crew, at all times (at the Creator’s sole cost):
    1. hold all licences, permits and consents as are required (from any competent authority) so that the Creator can use the Location and create a Creative Work;
    2. abide by the Host’s Location Guidelines;
    3. use the Location with reasonable care, skill and diligence and in accordance with all applicable laws; 
    4. provide honest and accurate information about the Creative Work and the Crew;
    5. accurately represent the nature of the Creative Work that you are creating;
    6. honour the bookings made through the Platform by a Creator;
    7. ensure that the equipment supplied to the Location are safe and fit for use by Creators;
    8. bear all costs and expenses related to the Creator’s participation in the Platform; and
    9. accept all responsibility and liability for any injury or death or damage to property of a Location in connection with the Creator’s use of the Location.

4. Host Obligations

 

  1. The Host is responsible for setting the price they want to charge for use of the Location.
  2. It is the Host’s responsibility to highlight any compulsory Additional Costs in the Location Profile. It is the Host’s responsibility to organise directly with the Creator after the booking is confirmed and collect payment for the Additional Costs.
  3. The Host must at all times (at the Host’s sole cost):
    1. hold all licences, permits and consents as are required (from any competent authority) so that the Host can provide the Host Services and make the Location available for use by the Creator;
    2. provide the Host Services with reasonable care, skill and diligence and in accordance with all applicable laws; 
    3. provide honest and accurate information about the Location and the Host Services;
    4. provide clear and accurate instructions to a Creator in accordance with the Location Standards about the exact address and use of the Location;
    5. ensure that any images and/or description of the Location accurately represent the Location;
    6. honour the bookings made through the Platform by a Creator;
    7. immediately notify the Police and Reccefy if the Host becomes aware that a Creator has used the Host’s Location for an illegal purpose;
    8. ensure that the facilities and equipment provided at the Location are safe and fit for use by Creators;
    9. bear all costs and expenses related to the Host’s participation in the Platform; and
    10. accept all responsibility and liability for any injury or death or damage to property that is incurred by a Creator at the Location.
  4.  The Host is responsible for imposing the Location Guidelines on a Creator’s use of the Location, provided that those terms and conditions are made known to the Creator before the Creator’s booking is accepted.

5. Fee

  1. In return for the Creator using the Location, the Creator will pay the Location Fee payable to the Host through the Platform.
  2. Reccefy will collect the Total Booking Cost charged for a Creator’s use of the Location. The fee that the Host will receive from Reccefy in relation to a Creator’s booking will be the Total Booking Cost less the Service Fee. 
  3. All fees listed on the site are stated on a GST exclusive basis.

6. Creator Insurance

  1. The Creator must take out and keep current their own insurance to provide cover in respect of any liability arising from:
    1. damage to property at the Location whether or not caused by a Creator, such insurance for be for such amount as the Host determines to be desirable having regard to the value of such property at the Location; and
    2. death of or injury to any person at the Location whether or not caused by a Creator, such insurance to be for no less than the minimum statutory amount required in the jurisdiction of the Location.
  2. The Creator is responsible for making true, accurate and complete disclosure to its insurer in relation to the use of the Location for which the Creator is obtaining insurance.
  3. The Creator is responsible to pay any excess/deductible under the insurances it effects.
  4. The Creator must not do or allow anything which would prejudice any of its insurances, or cause them to be terminated.

7. Host Insurance

  1. The Host must take out and keep current their own insurance to provide cover in respect of any liability arising from:
    1. damage to property at the Location whether or not caused by a Creator, such insurance for be for such amount as the Host determines to be desirable having regard to the value of such property at the Location; and
    2. death of or injury to any person at the Location whether or not caused by a Creator, such insurance to be for no less than the minimum statutory amount required in the jurisdiction of the Location.
  2. The Host is responsible for making true, accurate and complete disclosure to its insurer in relation to the use of the Location for which the Host is obtaining insurance.
  3. The Host is responsible to pay any excess/deductible under the insurances it effects.
  4. The Host must not do or allow anything which would prejudice any of its insurances, or cause them to be terminated.

Use of the Location

  1. The Host grants to the Creator and its Crew a revocable, no-exclusive, non-transferable licence to enter the Location for the purposes of creating a Creative Work. 
  2. Any Creative Works, or part of a Creative Work, created at the Location which contains images or representations of the Location may be represented in any material form by the Creator, including (but not limited to) photographs, videos, digital and sound recordings and print.
  3. The Creator may use, reproduce and modify any image or representation of the Location for any purpose.
  4. The Host will not have any right of action, including, without limitation, any right to injunctive relief, against the Creator arising out of the use or non-use of the Creative Work, whether or not the Creative Work is claimed to be defamatory, untrue or liable to be censored and the Host also waives any rights of privacy or rights of a similar nature.
  5. The Host has no ownership claims or similar claims in respect of the Creative Work, or any part of it, created at the Location.
  6. The Host, at its sole discretion, may decline a booking for a Location.
  7. The Creator may disclose the location of the Location in the Creative Work, unless otherwise specified in the Location Guidelines.
  8. The Creator must not use the Location for any illegal purpose nor permit any illegal activity at the Location during the period it is authorised to use the Location.
  9. The Creator must not at any time engage in any conduct that may damage the Moral Rights of any author or creator whose works are at the Location or associated with the Location. In the event a Moral Rights claim is made, the Creator will have sole control of the defence and any resulting settlement negotiations, unless otherwise agreed in writing with the Host and must indemnify the Host in respect thereof.

9. Confidentiality

  1. Any Confidential Information disclosed by one party to the other party (the Recipient) must be kept confidential by the Recipient.

10. Notices

  1. Notices given under these terms and conditions must be in writing and delivered to a party by email to that party’s email address specified at the start of this Agreement (or to an alternate email address notified to the party giving the notice).
  2. A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.

11. General

  1. Reccefy is entitled to amend these terms and conditions at any time. Reccefy will notify the Creator of the change and the Creator’s continued use of the Platform after such notification will constitute acceptance of the amended terms and conditions.
  2. Except as expressly provided to the contrary in this Agreement, nothing in this Agreement shall be construed as giving rise to any relationship between the parties as (i) principal and agent (ii) employer and employee, or (iii) partners. Each party is responsible for its own obligations arising under this Agreement and is not liable for any other party’s obligations.
  3. These terms and conditions (and any document incorporated by reference in it) records the entire Agreement between the parties in relation to its subject matter.
  4. Each party must (at its own expense) do all things as the other party asks as may be reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party and expressed in these terms and conditions.
  5. All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
  6. These terms and conditions are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.