This Licensing Agreement applies to all work created by Take Studios Co (referred to as “Take Studios Co”, “we”, “us”, or “our”) unless otherwise agreed in writing. By engaging Take Studios Co, purchasing services, or using any deliverables supplied by Take Studios Co, you (the “Client”, “you”, or “your”) agree to the terms of this Licensing Agreement.
1. Definitions
In this Agreement:
Deliverables means any work produced by Take Studios Co including photography, video, design files, creative concepts, drafts, edits, exports, documents, audio, motion graphics, brand assets, and final outputs.
Final Deliverables means the final approved versions of Deliverables supplied to you.
Intellectual Property Rights means all copyright, moral rights, trademark rights, and other rights recognised under Australian law and international law.
Licence means the permission granted to you to use the Deliverables.
2. Ownership of Copyright and Intellectual Property
Unless otherwise agreed in writing, all Intellectual Property Rights and copyright in all Deliverables remain the property of Take Studios Co. This includes raw footage and unused material, working files and project files, drafts and concept development, original design assets and templates, behind-the-scenes content, and edits not delivered as part of the final package. You are purchasing a licence to use the work, not ownership of the copyright.
3. Licence Granted to the Client
Upon full payment of all invoices, Take Studios Co grants you a non-exclusive, non-transferable, non-sublicensable licence to use the Final Deliverables for your business and promotional purposes. This licence allows use across your website, social media channels, digital advertising, email marketing, internal business use, presentations, and printed promotional material. This licence is granted worldwide and is ongoing unless terminated under this Agreement.
4. Restrictions on Use
You must not, without written permission from Take Studios Co, sell, sublicense, assign, gift, or transfer the Deliverables to another party; allow another business or contractor to reuse the Deliverables as their own; use the Deliverables in a misleading, defamatory, or unlawful way; claim authorship of the Deliverables; or use the Deliverables as part of a template or product for resale, including NFTs or stock libraries.
5. Editing and Alterations
You may crop or resize Deliverables for formatting purposes. You must not significantly alter, recolour, manipulate, distort, add filters, re-edit, or modify Deliverables without written approval from Take Studios Co, unless Take Studios Co has supplied editable versions specifically for that purpose. This includes applying heavy AI edits or using Deliverables in generative AI tools.
6. Third Party Use
This Agreement does not allow third parties to use the Deliverables unless they are working directly under your business and only using the Deliverables on your behalf. For example, your marketing agency may upload approved Final Deliverables to your social media accounts, but they may not reuse the content for other clients or claim it as their own work.
7. Moral Rights
Take Studios Co retains all moral rights in the Deliverables. You agree not to use the Deliverables in a way that is derogatory or prejudicial to Take Studios Co’s reputation.
8. Take Studios Co Portfolio Use
Unless otherwise agreed in writing, Take Studios Co retains the right to display and use the Deliverables for our own promotional purposes, including our website, social media, portfolio, showreels, award submissions, marketing and advertising, and behind-the-scenes content. If your project is confidential or not yet launched, you may request an embargo period in writing.
9. Confidentiality
Any confidential information shared between you and Take Studios Co, including pricing, internal documents, or unreleased business details, must not be disclosed without written permission. This does not apply to information that is publicly available.
10. Payment Requirement
The licence granted under this Agreement only applies once full payment has been received. If invoices remain unpaid, no rights are granted and you must not publish, distribute, or use the Deliverables.
11. Termination
Take Studios Co may terminate this licence immediately if you breach this Agreement. If terminated, you must immediately stop using the Deliverables and remove them from all platforms where reasonably possible. Termination does not affect Take Studios Co’s right to pursue payment or legal remedies.
12. Warranty and Liability
Take Studios Co warrants that we have the right to grant the licence described in this Agreement. All Deliverables are provided “as is” and Take Studios Co is not liable for any indirect or consequential losses, including loss of profit, business interruption, or reputational harm arising from your use of the Deliverables. You are responsible for ensuring the Deliverables are appropriate for your intended use.
13. Indemnity
You agree to indemnify Take Studios Co against any claim, loss, damage, liability, or expense arising from your use of the Deliverables outside the scope of this Agreement.
14. Governing Law
This Agreement is governed by the laws of New South Wales, Australia. Any disputes will be handled under the jurisdiction of New South Wales courts.
15. Variations
Any changes to this Agreement must be agreed in writing by Take Studios Co.
16. Contact
If you have any questions about licensing or usage, contact Take Studios Co at beka@takestudios.co.
