VIDEO CONTENT WITH PURPOSE
Terms of Service
Effective November 7, 2011
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the For Productions.com domain name, the “For Productions Website”, or “Website”), YOU AGREE TO BE BOUND BY BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”). If you do not agree to any of these terms, then please do not use the For Productions Web site and exit this site immediately.
2. For Productions Website
These Terms of Service apply to all users and visitors of the For Productions Website, including users who are also contributors of video content, information, and other materials or services on the Website. As a part of our service, the For Productions Website may contain links to third-party websites that are not owned or controlled by For Productions. For Productions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, For Productions will not and cannot censor or edit the content of any third-party site. For Productions’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. You expressly relieve For Productions from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the For Productions Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Intellectual Property Rights
Copyright
For Productions / The Producer retains copyright in the footage, photographs, audio, and visual recordings, and hereby grants the client unlimited but non-exclusive rights to use the video file. NOTE: FOR PRODUCTIONS WILL NOT SALE YOUR MATERIAL, ELEMENTS, FOOTAGE, PICTURES TO THIRD PARTIES.
4. Payment
Client understands that the specified terms of payment under this agreement are based upon timely payments. Payment is non-refundable. The payment terms will be agreed upon each individual project.
A business check, cashier’s check, wire transfer or credit card can be accepted as payment NOTE THAT CREDIT CARD PAYMENTS will have a 3% handling fee. Please make payments to For Productions LLC (W9 Form Provided Upon Request) Ownership of the media does not transfer until full payment is made to For Productions LLC.
NOTE: Balances past due 10 days, will incur a 10% late fee determined by the total remaining amount due.
Cancellations + Rescheduling
All payments are final and non-refundable.
If you need to reschedule your shoot you must do so at least one week prior to the shoot date otherwise your ability to reschedule will be forfeited and you will be required to pay the makeup artist a $250 cancellation fee.
Each client is allowed to reschedule only once. This new shoot date must take place within 3 months of the cancelled shoot date. When you request a rescheduling, you will be given a list of available days within that 3 month period. It will be up to you to make one of the available days work for you.
5. WEATHER DAYS
A. A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of the production company.B. These circumstances may include but should not be limited to:
(1) Weather conditions (rain, fog, clouds or any adverse condition that is not consistent with the shooting conditions desired by the Client).(2) Injury, illness, or absence of client-supplied elements (e.g. key talent, color correct products).(3) “Client Insured Re-Shoots” (any additional days for a job insured by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day.
C. The Production Company will quote the maximum exposure figure depending on the scale of production – as a contingency day cost. This will be a cost per day figure. However, this figure does not include the cost of premiums for crew, talent or suppliers.
6. Release of Liability.
Customer agrees to release from liability and to indemnify and hold harmless For Productions LLC, and any of its employees or agents representing or related. This release is for any and all liability for personal injuries (including death) and property losses or damage occasioned by, or in connection with any activity or accommodations for video production event.
7. Refund Policy.
We strive for customer satisfaction. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Products and Services, you acknowledge that we do not offer refunds doe any portion of your payment for any of our services and ori products, By using and purchasing any of our services or products, yo understand and agree that all sales are final and no refunds will be provided for any reason, it is solely within our discretion, and our exercise of this discretion in one particular situation in no way represent that a full or partial refund will be available.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the For Productions Web site is not intended for children under 13. If you are under 13 years of age, then please do not use the For Productions Web site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by For Productions without restriction.
10. Service Changes
For Productions reserves the right with or without notice to the user at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. For Productions shall have no liability to any user or any third party should For Productions modify or discontinue service.
11. General
These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and For Productions that arises in whole or in part from the For Productions Web site shall be decided exclusively by a court of competent jurisdiction located in Miami Florida. These Terms of Service, and any other legal notices published by For Productions on the Web site, shall constitute the entire agreement between you and For Productions concerning the For Productions Web site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and For Productions’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. For Productions reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the For Productions Web site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND For Productions AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE For Productions WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.