TERMS AND CONDITIONS AGREEMENT
**Effective Date**: Ongoing from 9/12/2020 to 9/12/2024
This Film and Photography Terms and Conditions Agreement ("Agreement") is entered into on 9/12/2020 by and between: [Fwea Studios LLC], (the "Company"), and Potential and/or returning customers, (the "Client").
1. ARTISTIC STYLE
1.1 The Client acknowledges and agrees that the Company will make commercially reasonable efforts to capture the Client's requested images and videos. However, due to the unique, subjective nature of events and unforeseen circumstances, no specific image or video can be guaranteed.
1.2 Any lists or requests provided by the Client are for organizational purposes only and are not guaranteed or binding.
1.3 The Company retains full creative control over the production of all images, including but not limited to photography, videography, audio, and music selection.
1.4 The Client understands and agrees that dissatisfaction with aesthetic judgment or artistic quality is not a valid reason for termination of this Agreement or refund requests.
2. VIDEOGRAPHY AND AUDIO
2.1 The Client acknowledges that videography editing is limited and that the Company is unable to edit out certain elements such as blemishes, stains, or guest interruptions within video content.
2.2 The Company is not liable for altering the atmosphere of the event, including guest emotions, actions, weather conditions, or backdrops.
2.3 The Company reserves the right to refuse the production of any video that may violate libel or copyright laws or pose a risk of bodily injury, equipment damage, or property destruction.
2.4 The Client agrees to pay any required copyright license fees associated with the use of selected music in video production.
2.5 The quality and inclusion of audio in the final film are subject to factors beyond the Company's control, such as wind noise, background noise, and equipment limitations.
2.6 Drone footage may be captured but is not guaranteed due to factors like weather, venue restrictions, and nearby airfields.
3. TRAVEL FEES
3.1 The Client agrees to pay a Travel Fee of $1.00 per mile (or the current mileage rate) for round-trip travel exceeding 50 miles from the center of the City of Inglewood for each member of the photography and videography team included in the Service package.
3.2 An additional fee of $175 per night for lodging will be charged for each member of the photography and videography team for one-way travel exceeding 125 miles from the center of the City of Inglewood.
3.3 Travel fees include transportation, lodging, and per diems and may be adjusted by the Company based on the Event schedule and timeline.
4. DRONE DISCLAIMER
4.1 Drone coverage is subject to weather conditions, regulations, permits, and venue restrictions.
4.2 The Client is responsible for obtaining all required permits and paying associated fees for drone operation.
4.3 The Company makes reasonable efforts to follow FAA rules regarding drone operation but will not issue refunds if drone services cannot be provided due to circumstances beyond its control.
5. CONFIRMATION OF EVENT SCHEDULE & TIMELINE
5.1 The Client must provide written confirmation of the start time and location of the Event at least thirty (30) days before the Event.
5.2 Failure to provide timely confirmation may result in contract termination, and the Company may retain monies already paid as liquidated damages.
5.3 Changes to the schedule or location must be made in writing, and confirmation of receipt must be obtained by the Company.
5.4 The Event schedule document ("Timeline") provided by the Company is for reference only and is not binding.
6. PRE-EVENT CONSULTATION
6.1 The Company is not required to schedule a pre-event consultation before the Date of Event and can communicate Event details via text, email, or phone.
7. COORDINATOR/EVENT GUIDE
7.1 If the Client has a planner, coordinator, or guide, the Client is responsible for communicating the start time, location(s), and Event schedule to the Company.
8. CANCELLATION AND RESCHEDULING
8.1.1 If the Client cancels the contract sixty (60) days or more before the Event, the Company will retain the Retainer, and the Client is responsible for incurred travel fees and services rendered beyond the Retainer fee.
8.1.2 If the Client has not paid the full Retainer, the Client is responsible for paying the remaining amount to equal the full Retainer fee, but the remaining 50% of the Total Amount due will not be required.
8.1.3 Cancellations must be made in writing and signed by both Parties.
8.2.1 If the Company cannot perform its obligations due to specified circumstances, the Company will give notice to the Client, make reasonable efforts to find a replacement professional, and issue a refund or credit based on services rendered.
9. RESCHEDULING BY THE CLIENT
9.1 Rescheduling by the Client is permitted sixty (60) days or more before the Date of Event, excluding Force Majeure Events.
9.2 If the original Event is rebooked at or above the Total Amount, the Client will receive credit for all monies paid.
9.3 Retainer credit must be used within one (1) year of the original rescheduling request date.
9.4 If the original Event cannot be rebooked, the Client forfeits the Retainer in full.
10. SELECTION OF PHOTOGRAPHER(S) AND/OR VIDEOGRAPHER(S)
10.1 The Company will select the photographer(s) and/or videographer(s) for the Event, and no specific individuals are guaranteed.
10.2 The Company reserves the right to change selected photographer(s) and/or videographer(s) at its discretion.
11. EXCLUSIVE PHOTOGRAPHER(S) AND/OR VIDEOGRAPHER(S)
11.1 Unless agreed upon in writing, the Company will be the exclusive photographer(s) and/or videographer(s) for the Event.
11.2 Outside photographers, videographers, and vendors must not obstruct or interfere with the Company's services.
12. CLIENT'S RESPONSIBILITIES
12.1 The Client will obtain all necessary permissions and permits for the Company and its subcontractors to provide services at the Event.
12.2 The Client is responsible for all fees associated with permits, parking, or entrance required for the Company to fulfill its services.
12.3 The Client is responsible for acquiring permits, licenses, and permissions for all locations where the Company will perform services.
12.4 The Company and its subcontractors are not responsible for acquiring permissions to shoot images or videos at event locations.
12.5 The Client must ensure compliance with venue rules and standards and negotiate any necessary permissions with officials.
13. OWNERSHIP
13.1 If the client chooses to include non-copyrighted or Royalty-free music in the project, all rights to such music shall be reserved exclusively to the client upon completion of production. The studio shall not retain any rights or claims to the selected music.
13.2 The company is granted permission to use photos and videos created during the production for promotional and advertising purposes. This includes, but is not limited to, showcasing excerpts of the project in the studio's portfolio, website, social media, and other promotional materials, provided such usage does not violate the client's privacy or confidentiality.
14. ADDITIONAL RESPONSIBILITIES
14.1 Before booking our services, please consider acquiring any necessary travel, flight, and event insurance. This helps protect against unforeseen events, extreme weather, or extenuating circumstances that may disrupt your event.