Terms and Conditions

Version 2 · 10 July 2026 · These terms replace all earlier versions.

Parties

A person or entity who uses the tvreleases.com.au services, including by accessing the tvreleases.com.au website (Website), to submit release forms for digitisation, manage the signing of digitised release forms, or sign and submit a release form (User); and

Headland and Co Projects Pty Ltd (ABN 31 699 108 588), trading as TV Releases (TV Releases).

Background

TV Releases provides a digitisation service: it converts release and consent forms supplied by the User into online forms that can be completed and signed electronically (the Service).
The Service includes provision of a custom URL and QR code for each digitised form, automated logging of completed forms to a spreadsheet, and delivery of PDF copies of completed forms to a storage location or email address designated by the User.
The User accesses the Service through the Website or by email correspondence.
The parties agree that the User's use of the Service is subject to the terms set out in this agreement.

1. Application of these terms

These terms are effective from the date the User commences using the Service or first accesses the Website, whichever is earlier.
TV Releases may modify or update these terms from time to time, effective on giving notice to the User or posting an updated copy on the Website. Continued use of the Service after an update constitutes acceptance of the updated terms.

2. The Service: digitisation only

TV Releases digitises release and consent forms supplied by the User. TV Releases does not write, draft, amend, review or advise on the content, wording, legal effect or enforceability of any form.
TV Releases does not provide legal advice and is not engaged in legal practice. Nothing in the Service or on the Website constitutes legal advice.
TV Releases makes no representation or warranty that any digitised form, or any electronic signature collected through it, is valid, enforceable or suitable for the User's purposes in any jurisdiction. It is the User's sole responsibility, in consultation with its own legal advisers, to determine whether electronically completed and signed release forms are appropriate for its needs.
The Service is provided using reputable third-party form, storage and hosting infrastructure. TV Releases will endeavour to ensure the continuity of the Service but does not guarantee uninterrupted availability and is not liable for outages, changes or failures of third-party infrastructure beyond its reasonable control.

3. User review and acceptance of digitised forms

On delivery of each digitised form, the User must promptly review and test it to satisfy itself that: (i) the wording matches the form the User supplied; (ii) the form functions as the User expects, including required fields, signature capture, logging and PDF delivery; and (iii) the form is fit for the User's intended use.
The User must notify TV Releases of any error or discrepancy before putting the digitised form into use. TV Releases will correct at no charge any discrepancy between the supplied form and the digitised form that is notified before first use.
Use of a digitised form to collect any completed release constitutes the User's acceptance of that form. To the maximum extent permitted by law, TV Releases accepts no responsibility or liability for errors, omissions or malfunctions in a digitised form after the User has put it into use, except where clause 3(b) applies.

4. Fees and payment

Build fee. A one-off build fee is payable per form template, at the rate displayed on the Website (or as otherwise agreed in writing) at the time the User submits its order.
Monthly fee. A monthly fee is payable per active form template, at the rate displayed on the Website at the time of the User's order, which includes completion of that template by up to the number of contributors per calendar month displayed on the Website at the time of the order, together with automated logging and PDF delivery. Usage above this volume may be subject to additional fees agreed with the User in advance.
Fees may be displayed and charged in AUD, USD or GBP as shown at checkout. All amounts are exclusive of GST and any other applicable taxes.
The build fee is payable before the build commences. Monthly fees are payable in advance and continue until the template is cancelled under clause 12.
Updates. Changes to a digitised form requested after the User has accepted it under clause 3 (for example, updated wording, new fields or a new version of the underlying release) may incur a one-off update fee, quoted to the User before the update work commences. Corrections under clause 3(b) do not attract an update fee.

5. Build turnaround

TV Releases will use reasonable endeavours to deliver each digitised form within 48 hours of the later of: (i) receipt of the build fee; and (ii) receipt of a complete and legible copy of the form to be digitised and all information reasonably required for the build.
Delivery timeframes are targets only and time is not of the essence. Timeframes do not include delays caused by the User, including incomplete or illegible materials or delayed responses to reasonable requests for clarification.
If TV Releases has not delivered a digitised form within a reasonable time, the User may cancel the affected template and receive a refund of the build fee paid for that template, which is the User's sole and exclusive remedy for late or non-delivery.

6. Intellectual property

The User retains all rights in the release forms and other documents it supplies, and in all completed releases collected through the Service. The User grants TV Releases a non-exclusive licence to host, reproduce and process those materials solely to provide the Service.
The User must ensure it has all necessary rights and permissions in any materials it provides to TV Releases for the purpose of the Service.
TV Releases owns all Intellectual Property Rights in the Website, the Service, and its build processes, templates, page designs and systems (excluding User materials).
Each party indemnifies the other against any Loss arising out of infringement by the indemnifying party of the other party's Intellectual Property Rights.

7. Confidentiality

'Confidential Information' means all information disclosed by one party to the other in connection with this agreement, including User Data, information derived from it, and trade secrets or information capable of protection at law or equity as confidential information.
Each party must keep Confidential Information confidential and not disclose it, except:
1. as permitted under this agreement (including clause 8);
2. to a party's Personnel who have a need to know;
3. with the consent of the disclosing party;
4. if required by law, a stock exchange or any regulatory authority; or
5. if required in connection with legal proceedings relating to this agreement.
Subsection (b) does not apply to Confidential Information which: (i) is in or becomes part of the public domain other than through breach of this agreement; (ii) the receiving party can prove was already known to it at the time of disclosure; or (iii) the receiving party acquires from a source entitled to disclose it.
The obligations under this clause continue for five years following termination or expiry of this agreement.

8. Data protection and privacy

In this clause, 'User Data' means Personal Information of individuals (including contributors who complete release forms) collected, stored or processed through the Service, and 'Data Protection Laws' means the Privacy Act 1988 (Cth), and where applicable the EU General Data Protection Regulation 2016/679 and the UK GDPR (together, GDPR).
Roles. As between the parties, the User determines the purposes and means of processing User Data and is the controller (or equivalent under applicable Data Protection Laws). TV Releases processes User Data solely on behalf of and on the documented instructions of the User, and acts as a processor.
User responsibilities. The User is responsible for: (i) the content of its release forms, including any consents, notices or declarations they contain; (ii) obtaining any consents from individuals required for the collection, use and disclosure of their Personal Information; and (iii) ensuring it has a lawful basis for the processing it instructs TV Releases to perform.
TV Releases obligations. TV Releases will:
1. process User Data only to provide the Service and as instructed by the User, and not for its own purposes, except aggregated and de-identified usage information for service improvement and bug fixing;
2. implement reasonable technical and organisational measures to protect User Data against unauthorised access, loss or disclosure;
3. ensure persons authorised to process User Data are subject to obligations of confidentiality;
4. notify the User without undue delay on becoming aware of a data breach affecting User Data, and provide reasonable assistance with the User's obligations under Data Protection Laws, including responding to requests from individuals to access, correct or delete their Personal Information;
5. on written request following termination, delete or return User Data (excluding copies required to be retained by law); and
6. maintain a list of its subprocessors (being third-party form, storage, hosting and payment infrastructure providers), available on request, and remain responsible for their performance. The User authorises the engagement of such subprocessors and will be notified of material changes.
Transfers. The User acknowledges that subprocessors may store or process User Data outside Australia (including in the United States and the European Union). Where GDPR applies to a transfer, the parties will rely on an appropriate lawful transfer mechanism.
A User may at any time request a copy of the Personal Information TV Releases holds about them, or request its deletion, and TV Releases will promptly comply, subject to any legal retention requirements.

9. Use of User logo

TV Releases may refer to the User and use the User's name and logo on the Website and in marketing materials to identify the User as a customer, unless the User notifies TV Releases in writing that it withholds or withdraws this permission, in which case TV Releases will cease such use within a reasonable period.

10. Warranties and representations

Each party represents and warrants that it will comply with applicable laws in fulfilling its obligations under this agreement.

11. Limitation and exclusion of liability

Nothing in this agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded. To the extent TV Releases is permitted to limit its liability for breach of a non-excludable guarantee, its liability is limited, at its election, to resupplying the relevant services or paying the cost of having them resupplied.
Subject to clause 11(a), TV Releases's total aggregate liability for any Loss suffered by the User in connection with this agreement will not exceed the Fees paid by the User to TV Releases in the 12 months preceding the event giving rise to the claim.
Subject to clause 11(a), neither party is liable to the other for any consequential, indirect or special loss, or for loss of profit, revenue, data or opportunity, however arising.
Without limiting clause 3, TV Releases is not liable for any Loss arising from: (i) the content, legal effect or enforceability of any release form; (ii) the User's use of a digitised form it has accepted under clause 3; or (iii) unavailability of third-party infrastructure under clause 2(d).

12. Termination and expiry

Either party may terminate this agreement, or cancel any individual form template, for convenience on 14 days' notice to the other party. Monthly fees cease at the end of the notice period; build fees and monthly fees already paid are not refundable except as provided in clause 5.
Clauses 2 (The Service), 3 (User review and acceptance), 6 (Intellectual property), 7 (Confidentiality), 8 (Data protection and privacy), 9 (Use of User logo), 10 (Warranties), 11 (Limitation of liability), 15 (General) and this clause survive termination or expiry of this agreement.

13. GST

In this clause, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.
If a party makes a supply in connection with this agreement in respect of which GST is payable, the consideration for the supply is increased by an amount equal to the GST-exclusive consideration multiplied by the rate of GST prevailing at the time the supply is made.

14. Notices

User contact and email address: the name and email address provided by the User in its order.
TV Releases contact and email address: team@tvreleases.com.au.
Notices under this agreement may be given by email to the parties' email addresses in this clause.
A notice given by email is taken to be received one hour after the sender's information system records that the email left that system, unless within one day the sender is informed that the email was not received.

15. General

15.1 Definitions

Confidential Information: has the meaning given in clause 7.
Fees: means the build fees and monthly fees payable for the Service as displayed on the Website at the time of the User's order, or as otherwise agreed in writing, excluding GST and other applicable taxes.
Intellectual Property Rights: means all intellectual property and proprietary rights (whether registered or unregistered), including business names, trade or service marks, any right to have information kept confidential, patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, databases, know-how, logos, designs, design rights, copyright and similar industrial or intellectual property rights.
Loss: means any loss, cost, claim, damage or liability whatsoever, whether direct or indirect.
Personal Information: has the meaning given in the Privacy Act 1988 (Cth) and, where the GDPR applies, includes 'personal data' as defined in the GDPR.
Personnel: means, in relation to a party, any natural person who is an officer, employee, contractor, agent or representative of that party.

15.2 Interpretation

headings are for convenience only and do not affect interpretation;
mentioning anything after includes, including, or similar expressions does not limit what else might be included;
the singular includes the plural and the converse also applies; if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to a clause is a reference to a clause of this agreement;
a reference to a party includes the party's successors, permitted substitutes and permitted assigns;
a reference to an agreement or document is to that agreement or document as amended, varied, supplemented, novated or replaced;
a reference to legislation includes a modification or re-enactment of it and any regulation or statutory instrument issued under it; and
a reference to $ is to Australian currency unless another currency is expressly stated.

15.3 Entire agreement

These terms are the entire agreement between the parties with respect to their subject matter and supersede all prior agreements and understandings between the parties in connection with it.

15.4 No representations

The parties acknowledge and agree that in entering into this agreement, neither relied on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this agreement.

15.5 Relationship

The parties are independent contracting parties. Nothing in this agreement makes either party the employee, partner, agent, legal representative, trustee or joint venturer of the other, nor grants either party authority to create any obligation on behalf of the other.

15.6 Amendment, waiver and costs

Except as provided in clause 1(b), this agreement may only be amended in writing. A failure or delay in exercising any right does not operate as a waiver, and a waiver is only valid if made in writing. Each party bears its own costs of and incidental to the negotiation of this agreement.

15.7 Governing law

This agreement is governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts exercising jurisdiction there.

Version 2, 10 July 2026. Supersedes Version 1, 12 September 2019.