Creative Talent
For the purposes of this deed 7000 Islands® ABN 54 973 700 717 (referred to in these terms and conditions as ‘we’, ‘us’, or ‘our’). This deed applies to all of our Australian businesses and related Australian companies.
1. DEFINITIONS
a) ‘Photograph’ means all photographic material produced or to be produced by 7000 Islands under this deed, whether in the form of a digital file, a negative, a transparency, a print or any other type of physical or electronic material;
b) ‘Video Material’ means raw footage, video files, audio files and edited video files produced by 7000 Islands and/or third party service providers contracted by 7000 Islands under this deed whether in the form of a digital file, a cassette, a DVD, a CD or any other type of physical or electronic material and in any format; and
c) ‘Website Materials’ means all website designs and layout.
d) ‘Graphic Design’means all graphic design and/or animated material including animated videos to be produced by 7000 Islands and/or contracted third party service providers.
e) ‘CorporateMaterials’ includes but is not limited to internal presentations and externally published reports.
f) ‘Social Media’ means social media content created on platform includes but is not limited to Instagram, Facebook, LinkedIn and TikTok.
g) ‘Online Advertising’ means online advertisement through emails, social media channels, and website of 7000 Islands and 3rd party partners including but not limited to authorised distributors, retailers and venue partners.
h) ‘Promotional Materials’means materials created by creative professionals engaged by 7000 Islands who have captured, recorded and/or edited/produced Media.
i) Media’ means, as applicable:
(i) Photograph; and/or
(ii) Video Material; and/or
(iii) Website Materials; and/or
(iv) Graphic Design; and/or
(v) Corporate Materials; and/or
(vi) Social Media; and/or
(vii) Promotional Materials; and/or
(viii) Online Advertising
(ii) Video Material; and/or
(iii) Website Materials; and/or
(iv) Graphic Design; and/or
(v) Corporate Materials; and/or
(vi) Social Media; and/or
(vii) Promotional Materials; and/or
(viii) Online Advertising
2. RELEASE & INDEMNITY
With effect from the date of this deed, the Talent releases 7000 Islands from, and indemnifies 7000 Islands against, all claims, actions, demands and liabilities relating to the creation of Media, which the Talent has as at the date of this Talent Usage Rights Form, including in relation to any amounts owed by 7000 Islands to the Talent.
With effect from the date of this deed, the Talent releases 7000 Islands from, and indemnifies 7000 Islands against, all claims, actions, demands and liabilities relating to the creation of Media, which the Talent has as at the date of this Talent Usage Rights Form, including in relation to any amounts owed by 7000 Islands to the Talent.
3. ASSIGNMENT & CONSENT
a) The Talent
(i) irrevocably assigns (including as a present assignment of future copyright) and transfers to 7000 Islands all rights, title and interest (including any intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and
(ii) until the assignments are fully effected, unconditionally and irrevocably licences to 7000 Islands in perpetuity, the right to use, adapt, reproduce, publish, broadcast, modify, and copy such Media without royalty or any other compensation.
b) The Talent consents that the Media may be used, adapted, reproduced, published, broadcasted, modified, omitted and deleted by or on behalf of 7000 Islands , at the discretion of 7000 Islands , at any time and for any purpose it considers appropriate. This includes, without limitation, publication on 7000 Islands’s or any other website or online platform, in any media 7000 Islands may select for publication and in connection with any promotional, commercial or creative purpose or event, such as cinema
4. GENERAL
4.1 GOVERNING LAW & JURISDICTION
This deed is governed by and is to be construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and waives any right to object to proceedings being brought in those courts.
This deed is governed by and is to be construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and waives any right to object to proceedings being brought in those courts.
4.2 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this deed.
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this deed.
4.3 COUNTERPARTS
This deed may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.
This deed may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.
4.4 ENTIRE DEED
This deed embodies the entire deed between the parties and supersede any prior negotiation, conduct, arrangement, understanding or deed, express or implied, in relation to the subject matter of this deed.
This deed embodies the entire deed between the parties and supersede any prior negotiation, conduct, arrangement, understanding or deed, express or implied, in relation to the subject matter of this deed.
4.5 ALCOHOL BEVERAGES ADVERTISING CODE (ABAC)
By signing this deed, the Talent, in compliance with the Responsible Alcohol Marketing best practise as per the Alcohol Beverages Advertising Code (ABAC Code) , and confirms that:
By signing this deed, the Talent, in compliance with the Responsible Alcohol Marketing best practise as per the Alcohol Beverages Advertising Code (ABAC Code) , and confirms that:
a) they have read and agrees to comply with the ABAC Code at all times;
b) they are aged 25 years of age or older, or otherwise of an age that complies with the ABAC Code; and
c) they do not have a known history of alcohol abuse or irresponsible behaviour related to alcohol use.
Alcohol Beverages Advertising Code (ABAC Code) available here:
Our Talent Policy was last updated on 13 May 2023.
