Memory Stream – Terms & Conditions
Effective date: August 2026
These Terms & Conditions apply to services supplied by Memory Stream, a brand of Smash It Studios Pty Ltd (“Memory Stream”, “we”, “us” or “our”).
By confirming a booking, making payment, or instructing us to proceed with a service, the person making the booking (“the Client”) agrees to these Terms & Conditions.
1. Bookings
A booking is confirmed once payment has been received in full, unless we have agreed otherwise in writing.
Before payment is received, we may provisionally reserve a date and time; however, availability is not guaranteed and we are not obliged to attend or provide the service until the booking has been confirmed.
The Client is responsible for ensuring that all information supplied to us, including the service date, time, venue and requested coverage, is accurate.
2. Payment
Private bookings must be paid in full before the scheduled service.
Where payment remains outstanding, Memory Stream may decline to attend or commence the service.
Any additional services, extended coverage or other charges agreed during or following the booking will be invoiced separately.
3. Service Scope
The services included in a booking are those described in the selected package, quotation or written confirmation provided by Memory Stream.
The Essential Farewell package includes livestream coverage of the primary funeral or memorial service for up to two hours.
For the purposes of this package, the primary service will ordinarily commence with the formal entrance or commencement of proceedings led by the priest, celebrant or other officiant, and conclude at the end of the formal service. Where applicable, this will generally include the departure procession immediately following the service.
Separate proceedings such as viewings, extended pre-service gatherings, processions between locations, graveside services, wakes or other events outside the primary service are not automatically included unless agreed with Memory Stream.
We will always try to accommodate reasonable requests and additional moments where practical.
4. Coverage Time and Setup Requirements
Where a package includes a specified coverage period, that period applies to the agreed service coverage and does not include our normal setup or pack-down time.
To allow us to properly prepare, test equipment and establish network and audio systems, Memory Stream requires access to the venue at least:
- 30 minutes before coverage begins for Essential Farewell; and
- 60 minutes before coverage begins for Legacy Tribute and other expanded production services.
Additional setup time may be required for larger venues, complex productions, restricted access or additional equipment.
Where access is provided later than the required setup period, Memory Stream will make reasonable efforts to provide the service as booked but cannot guarantee that all planned equipment, testing, camera positions or production elements can be completed before coverage begins.
Where coverage continues beyond the included period, additional charges may apply at the rate quoted at the time of booking. For Essential Farewell, the current additional coverage rate is $50 per 15-minute period unless otherwise agreed.
Where practical, we will advise the Client if additional charges are likely to be incurred.
5. Changes to Arrangements
We understand that funeral arrangements can change unexpectedly.
The Client should notify us as soon as reasonably possible of changes to the venue, commencement time, service format or requested coverage.
We will make reasonable efforts to accommodate changes but cannot guarantee that significant or late changes can be accommodated, particularly where they affect travel, equipment, staffing, scheduling or network availability.
Additional costs may apply where a change materially increases the services required.
6. Cancellation
The Client may cancel a booking by notifying Memory Stream.
For cancellations made within 48 hours of the scheduled service, Memory Stream may retain up to 50% of the total booking fee.
For cancellations made on the day of the scheduled service, the full booking fee is forfeited.
Memory Stream recognises the sensitive and sometimes unpredictable circumstances surrounding funeral arrangements. At our discretion, we may reduce, waive or refund cancellation fees where we consider it appropriate to do so.
Nothing in this clause limits any rights the Client may have under Australian Consumer Law.
7. Livestream Connectivity and Cellular Networks
Memory Stream's livestreaming service relies on internet connectivity.
Depending on the venue and circumstances, this may include commercial cellular/mobile networks operated by third-party telecommunications providers.
We use professional networking equipment, network monitoring and redundancy measures where practical to reduce the risk of interruption. However, cellular coverage, network congestion, telecommunications outages, interference, venue construction and other conditions affecting connectivity are ultimately outside Memory Stream's direct control.
The Client acknowledges that a completely uninterrupted live internet transmission cannot be guaranteed.
A temporary degradation, interruption or loss of the live transmission caused by circumstances outside Memory Stream's reasonable control does not, by itself, mean that the entire contracted service has not been supplied.
Where a livestream is interrupted by connectivity issues but our local recording has been successfully captured, Memory Stream will make the complete recording available online as soon as reasonably practical after returning from the service, at no additional charge.
8. Technical Failure and Redundancy
Memory Stream uses professional equipment and maintains reasonable backup and redundancy measures appropriate to the service being provided.
Despite these precautions, cameras, microphones, recording equipment, batteries, networks, software, telecommunications services and other technical systems can occasionally fail.
Where a technical problem occurs, we will take reasonable steps to restore the service, use available backup systems, or otherwise minimise its effect.
Where the live transmission is affected but a usable local recording remains available, provision of that recording will ordinarily form part of our remediation.
Nothing in these Terms excludes any remedy to which the Client is entitled under Australian Consumer Law.
9. Venue Access and Restrictions
The Client is responsible for ensuring that Memory Stream is permitted to enter the venue and provide the agreed services.
The Client should inform Memory Stream of any venue, cemetery, church, celebrant, clergy or other restrictions affecting filming, equipment placement, audio connections, internet access or livestreaming.
We will comply with reasonable directions issued by authorised venue representatives.
Memory Stream is not responsible for reduced coverage resulting from venue restrictions, instructions from clergy or venue personnel, denied access, late access or circumstances outside our reasonable control.
10. Authority to Film and Livestream
By commissioning Memory Stream, the Client authorises us to photograph, record, transmit and otherwise capture the funeral, memorial or associated proceedings to the extent reasonably required to provide the booked service.
The Client represents that they have appropriate authority to commission the service and will notify Memory Stream of any known restriction on filming or livestreaming.
The Client acknowledges that guests, family members, clergy, celebrants, venue staff and other people present at the service may appear incidentally or directly in the livestream and recording.
Where reasonably practical, the Client is responsible for informing relevant attendees that the service is being filmed and livestreamed.
If the Client identifies a person who should not intentionally be filmed, we will take reasonable steps to accommodate that request where practicable, although we cannot guarantee that a person attending or participating in the service will never appear incidentally in camera coverage.
11. Music, Photographs and Client-Supplied Material
The Client is responsible for ensuring they are entitled to provide Memory Stream with photographs, videos, music, presentations, written material or other content supplied for inclusion in a memorial page, livestream, recording or edited production.
Memory Stream may decline to use material where we reasonably believe its use would be unlawful or expose Memory Stream to a third-party claim.
Livestreaming platforms and online services may independently identify, mute, restrict or remove copyrighted material. These actions may occur automatically and are outside Memory Stream's direct control.
12. Private Viewing Links
Where a private or unlisted viewing link is provided, the Client is responsible for deciding who receives that link.
Memory Stream cannot control further distribution of a link after it has been supplied to the Client or another authorised recipient.
A private or unlisted link should therefore not be regarded as guaranteeing that access is technically impossible for anyone to whom the link is subsequently forwarded.
13. Recordings and Hosting
Where replay or online access is included in a package, Memory Stream will maintain the relevant viewing link on the Memory Stream website for as long as Memory Stream remains in operation, subject to circumstances reasonably outside our control.
Unless otherwise agreed, the underlying video is hosted using YouTube. The continued availability of video content on YouTube is subject to YouTube's own services, policies, systems and continued operation and is therefore outside Memory Stream's direct control.
Memory Stream cannot guarantee indefinite availability of content hosted by a third-party platform.
Alternative or dedicated hosting arrangements may be available for an additional fee and must be arranged directly with Memory Stream.
Where a downloadable master recording is included in the selected package or separately purchased, the Client is strongly encouraged to retain their own copy for long-term preservation.
14. Livestream Production and Creative Decisions
Livestream production is a live creative process requiring continuous editorial decisions regarding camera selection, framing, composition, zoom, transitions, timing, audio treatment and other production elements.
During a livestream, Memory Stream retains editorial and creative control over these production decisions and will exercise that discretion professionally and in accordance with our experience and the nature of the service.
Individual preferences regarding particular shots, framing, camera selections, transitions or similar creative decisions will not, by themselves, constitute a failure to provide the contracted service or grounds for non-payment, cancellation of payment or a refund.
Nothing in this clause limits any rights available to the Client under Australian Consumer Law where the service has not been provided with due care and skill or otherwise fails to meet an applicable consumer guarantee.
15. Edited Productions
Edited films, including those supplied as part of the Legacy Tribute package or through separately commissioned editing services, are creative works.
The Client acknowledges that editing necessarily involves artistic and editorial judgement, including decisions regarding structure, pacing, shot selection, music placement, timing, transitions, colour treatment, audio treatment and overall presentation.
Memory Stream will perform editing services professionally and to the best of our ability, having regard to the nature of the service, available source material and any agreed brief.
We welcome reasonable preferences, instructions and creative requests supplied before editing or production commences and will make reasonable efforts to incorporate them. Unless specifically agreed as a contractual requirement, however, we cannot guarantee that every creative preference or request will be adopted.
Subjective dissatisfaction with creative or editorial choices does not, by itself, constitute grounds for withholding payment or obtaining a refund.
Where an edited deliverable contains an error, omission or issue that falls outside reasonable creative discretion, Memory Stream will work in good faith to review and, where appropriate, correct the issue.
Nothing in this clause excludes any rights the Client has under Australian Consumer Law.
16. Safety and Operator Discretion
Memory Stream may alter equipment placement or coverage where reasonably necessary for safety, venue compliance, protection of equipment or to avoid unreasonable disruption to the funeral or memorial service.
We will not place cables, equipment or personnel in a manner we reasonably consider unsafe.
17. Events Outside Our Reasonable Control
Memory Stream is not responsible for failure or delay caused by circumstances outside our reasonable control, including severe weather, road closures, venue evacuation, power outages, telecommunications outages, government restrictions, emergencies or actions of third parties.
Where such an event prevents us from supplying some or all of the booked service, we will act reasonably having regard to the circumstances and any services already supplied, costs incurred and remedies available under Australian Consumer Law.
18. Liability and Australian Consumer Law
Our services come with rights and guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, Memory Stream is not responsible for loss caused by:
- inaccurate information supplied by the Client;
- venue restrictions or denied access;
- actions or omissions of the Client or third parties;
- telecommunications or internet failures outside our reasonable control; or
- circumstances that could not reasonably have been prevented by Memory Stream.
Memory Stream is not responsible for losses that were not reasonably foreseeable as a consequence of our actions or any failure in the services provided.
19. Complaints and Service Concerns
If the Client believes there has been a problem with the service, they should contact Memory Stream as soon as reasonably possible.
We will review the circumstances in good faith and, where appropriate, may provide a replacement recording, corrected deliverable, resupply, partial refund or other reasonable remedy having regard to the nature and extent of the issue and the Client's rights under Australian Consumer Law.
20. Privacy
Memory Stream handles personal information, contact details, photographs, recordings and other information supplied in connection with a booking only for legitimate business and service-delivery purposes.
Recordings and other personal information will not be intentionally used for advertising or promotional purposes without appropriate permission.
Further information about the way Memory Stream handles personal information may be provided in our Privacy Policy.
21. Governing Law
These Terms & Conditions are governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Queensland.
22. Acceptance of Terms
These Terms form part of the agreement between Memory Stream and the Client.
The Client is taken to have accepted these Terms when they:
- make payment for a booking;
- expressly accept a quotation or booking;
- instruct Memory Stream to commence work; or
- otherwise confirm that they wish Memory Stream to provide the service.
The version of these Terms in effect when the booking is made will apply to that booking unless otherwise agreed in writing.