1. Introduction & Acceptance
These Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “you,” or “your”) and [Your Agency/Studio Name] (“Studio,” “we,” “us,” or “our”), concerning your access to and use of our website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
By accessing the Site or engaging our services, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and our services.
2. Creative Services & Production Scope
2.1. Project Proposal: The specific deliverables, timelines, and creative direction will be defined in a separate "Production Agreement" or "Statement of Work" (SOW). 2.2. Production Logistics: The Studio is responsible for providing the necessary camera equipment, lighting, and sound gear as specified in the SOW. 2.3. Client Cooperation: The Client agrees to provide all necessary assets (brand guidelines, logos, scripted copy) and access to locations required for filming. Delays in providing these materials may result in a shift of the final delivery date.
3. Financial Terms
3.1. Retainer & Payment Schedule: A non-refundable retainer fee of 50% of the total project cost is required to reserve production dates. The remaining 50% is due upon delivery of the "Picture Locked" cut, prior to final color grading and high-resolution export. 3.2. Additional Expenses: Unless otherwise stated, the project fee does not include:
Location permit fees.
Travel expenses (mileage, airfare, lodging).
Specialized equipment rentals (e.g., heavy-lift drones, anamorphic lenses).
Talent/Actor fees and craft craft services. 3.3. Late Payments: Invoices unpaid after thirty (30) days will accrue interest at a rate of 1.5% per month or the maximum rate permitted by law.
4. Intellectual Property & Usage Licenses
4.1. Ownership of Materials: * Raw Footage: All unedited video files ("Rushes") remain the exclusive property of the Studio. The Studio is under no obligation to provide raw footage to the Client unless explicitly agreed upon in writing for an additional "Buyout Fee."
Final Deliverables: Upon full payment, the Studio grants the Client a non-exclusive, perpetual, worldwide license to use the final edited videos for the purposes defined in the SOW (e.g., Social Media, TV, or Internal Use). 4.2. Studio Portfolio Rights: The Studio retains the right to use the final deliverables and behind-the-scenes content for promotional purposes, including but not limited to our website, social media, and industry awards, unless a formal NDA is in place.
5. Cancellations, Postponements & Kill Fees
5.1. Client Cancellation: If the Client cancels the project within 48 hours of the scheduled shoot, the Client is liable for 100% of the production fee. Cancellations made between 3 and 7 days prior are liable for 50% of the production fee plus any non-refundable costs incurred. 5.2. Postponement: One (1) rescheduling is permitted if requested at least 72 hours in advance. Subsequent rescheduling or short-notice changes will incur a "Rescheduling Fee" of 20% of the daily production rate. 5.3. Weather Permitting: For outdoor shoots, if weather conditions (e.g., rain, extreme wind) prevent filming, the Studio and Client will agree on a "Weather Day" backup. The Client is responsible for any additional rental or talent costs associated with the new date.
6. Post-Production & Revisions
6.1. Review Process: We utilize professional review software (e.g., Frame.io). The Client has seven (7) business days to provide feedback on drafts. 6.2. Revision Rounds: Two (2) rounds of minor revisions are included. "Minor" refers to timing, text overlays, and music volume. 6.3. Creative Shift: Any request to change the fundamental creative direction, music track, or voiceover after the edit has commenced will be treated as a "Change Order" and billed at our standard hourly rate.
7. Limitation of Liability & Indemnification
7.1. Equipment Failure: While we use professional-grade equipment and redundant backup systems, the Studio is not liable for data loss or production delays caused by unforeseen mechanical or technical failure. 7.2. Client Indemnity: The Client warrants that they own the rights to any materials (music, logos, stock footage) provided to the Studio for inclusion in the project. The Client agrees to indemnify the Studio against any legal claims arising from the use of such materials. 7.3. Force Majeure: Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond reasonable control, including "Acts of God," pandemics, or civil unrest.
8. Governing Law & Dispute Resolution
These Terms shall be governed by and defined in accordance with the laws of [Your State/Country]. You irrevocably consent that the courts of [Your City/State] shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
9. Severability
If any part of these Terms is found to be unenforceable or invalid, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of the Terms shall otherwise remain in full force and effect.
10. Contact Information
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
[Your Business Name] [Your Business Address/Email] [Your Website URL]