SPF Studios Photo & Video Production Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF PHOTO & VIDEO PRODUCTION FROM SPF STUDIOS
1. Definitions & General Terms
In these Terms and Conditions the words ‘we’ ‘us’ ‘our’ and ‘ours’, ‘photographer’ ‘videographer’ or ‘shooter’ refer to SPF Studios LLC, a Photo & Video Agency owned by Sean Paul Franget. The word ‘Client’ refers to the party who commissioned and/or funded the work and any person or organization acting on their behalf. ‘Images’ or ‘production’ means any images or video furnished by The Photographer/Videographer/Director, whether photographs, prints or other type of physical or electronic material, i.e.video”.
These Terms and Conditions apply to all photo, video and associated audio product created by SPF Studios, including all moving and still images and sound recordings of any form.
2. Production
All works undertaken will be as per SPF Studios written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking.
If filming venues are being organized by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
SPF Studios takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behavior. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. SPF Studios will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) in the production.
SPF Studios does maintain proper liability insurance and a copy of policy can be made available to Client/venue if desired.
3. Payment
Client understands that the specified terms of payment under this Agreement are based upon timely payments. A 50% retainer is required with order to begin the pre-production process. Deposits are non-refundable. The remaining balance must be paid on the final shoot day or before final delivery of images. Payments can be made by ACH, Debit Card, Check, Venmo or Zelle. There is a $15 fee for wire-transfers and a 3.5% service fee for credit card payment. Please make payments to SPF Studios LLC. Images do not transfer to Client until full payment is made.
4. Cancellation Policy
Upon payment of the session fee, the Photographer reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason, the deposit is non-refundable after payment or signing of agreement, even if the event or production is cancelled for any reason. Any cancellation less than 7 days prior to the shoot date, 100% of total fees will be due and payable. In the event of cancellation, every effort will be made to reschedule the session for another time that is convenient for both parties. Sessions can only be rescheduled one time at no cost. Cancellation must be in writing even if a phone call was made to inform SPF Studios of the cancellation. The Client agrees to not expect a new date to automatically be available for any or all photographers/videographers. The Client will be given the chance to reschedule but cannot be pushed ahead of other reserved Clients. Some fees may apply for rescheduling and a new retainer will be required past 365 days.
In the event of a cancellation of this contract the following fee policy will apply:
More than 15 days prior to work beginning – 50% of total fees or deposit will be due and payable.
Less than 5 days prior to work beginning – 100% of total fees will be due and payable.
5. Exclusivity
SPF Studios shall be the only photography service provider retained by the Client for the event identified on page one of this Agreement (referred to below as the “Event”). If SPF Studios is booked by the Client for ONLY photography or ONLY videography; an additional company is permitted to shoot at the same event aside SPF Studios. Guests shall be permitted to video and photograph the event, for non-commercial purposes, provided that such person or persons do not interfere with the videographer & photographer’s duties. If, in the opinion of the assigned videographer & photographer, such person or persons are inhibiting the videographer or photographer from performing his or her duties, Client shall require the person interfering with the videographer or photographer to stop all further video or photography. If the additional company hired by the Client chooses to infringe upon SPF Studio’s terms and services; SPF Studios holds the right to ask the other company to refrain from continuing to do so.
6. Copyright & Licensing
SPF Studios retains all copyright over any content we produce. A usage license grants the Client permission to use the content. We reserve the right to use any footage and related files from any Client-commissioned project in our showreels and for other promotional purposes. SPF Studios assigns to the Client a license to use the images in its complete delivered form only. We do not give permission for any material to be altered, edited, or used as part of another production, unless this is expressly agreed in writing.
Provided that all payments due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions, the Client is granted a perpetual usage license relating to the images in its delivered form. Until all payments are made in full, the copyright and ownership of all edits and material shot or created remain the full copyright and ownership of SPF Studios LLC. Any material published that has not been fully paid for will be copyright-claimed by SPF Studios to the publishing platform.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other Clients, unless (a) we have granted an exclusive license to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Once a Client approves a project as complete and satisfactory in writing, it will be publicly released by SPF Studios and the Client. Clients are not permitted to release any form of preview or work-in-progress content to the public or their end-user.
By publishing images into the public domain, the Client assumes that it is acceptable for any talent featured in the images, including voiceover artists, contributors, actors, and presenters, to use and publicize their appearance in the images for the purpose of the talent’s own showreel and marketing use (in whole or part use).
If the Client wishes to own the copyright of images created by SPF Studios, an additional fee will be paid by the Client to SPF Studios for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
7. Project Duration and Delivery:
Any indication given by SPF Studios of a project’s duration is to be considered by the customer to be an estimation. SPF Studios will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the Client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. SPF Studios will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non- delivery of the product.
Project Commencement: The project will commence on the agreed-upon start date specified in the project timeline. This date will be confirmed in writing.
Project Timeline: The project timeline, including key milestones and deadlines, will be outlined in the project scope. SPF Studios will work diligently to ensure that the project adheres to this timeline. Any changes to the timeline will be communicated and agreed upon by both parties.
Project Delays: While every effort will be made to complete the project within the specified timeline, the Client acknowledges that unforeseen circumstances may lead to project delays. In such cases, SPF Studios will promptly notify the Client of any potential delays and provide revised timelines.
Delivery of Deliverables: The Client will receive project deliverables in accordance with the agreed-upon project timeline. The format and method of delivery will be specified in the project scope. Any additional requests made on the day of the project may result in additional charges.
Partial Delivery: In some cases, project deliverables may be delivered incrementally. SPF Studios will specify the delivery schedule for such cases.
Project Closure: Following Client approval and sign-off, the project will be considered closed. Any further work, amendments, or additional services will be subject to a new agreement.
8. Post-Production Feedback and Amendments
Post-production feedback is an essential part of the video production process, and we offer up to three rounds of reasonable amends within the agreed-upon project scope. A round of amends is defined as reasonable changes or revisions to the video project that can be completed within a single feedback cycle. Reasonable changes may include minor adjustments to timing, pacing, or visual effects.
Scope Limitation: Any changes or additions requested by the Client must remain within the project scope originally agreed upon in the initial quotation. If the Client wishes to introduce changes that go beyond this scope, such changes will be considered "out of scope."
Out-of-Scope Amendments: It's important to note that changes considered out of scope will require a new quote and mutual agreement from both parties before any further work is carried out. Out-of-scope amendments might include those that necessitate significant re-editing, additional filming, or substantial alterations to the project's direction or objectives.
Additional Charges: In the event that the Client requests more than three rounds of reasonable amends or any amendments deemed out of scope after the final video has been delivered and approved, any additional work required will be subject to additional charges at a post-production day rate of $500 or $65 per hour.
Mutual Agreement: The scope of any additional work will be agreed upon by both parties in writing before work commences. This ensures that both the Client and service provider have a clear understanding of the nature and extent of the additional work and its associated costs.
Client Responsibilities for Three Rounds of Amendments:
Prompt Feedback: The Client is responsible for providing clear and timely instruction & feedback within a reasonable timeframe after each round of revisions is submitted. Delays, unclear or ambiguous feedback may impact project timelines and may result in additional costs if extended amendments are required.
Designation of a Single Point of Contact: To maintain efficient communication, the Client should designate a single point of contact responsible for coordinating and relaying feedback to our team. This ensures clarity and minimizes potential miscommunications.
Consolidated Feedback: To optimize the revision process, the Client is encouraged to consolidate feedback from all key stakeholders and add onto the video file. This should include specific comments, suggested changes, and any visual or written references where applicable.
Approval and Sign-off: Once the Client is satisfied with the final round of amendments, they are responsible for providing formal approval and sign-off. This signifies the completion of the project and initiates any subsequent phases, such as production or delivery.
Additional Rounds: If the Client requests more than the agreed-upon three rounds of amendments, this will be treated as a change in the project scope and will result in additional costs and an adjusted timeline. The Client should communicate any such requests promptly.
9. Charges and Timings
Where extra expenses or time are incurred or needed by SPF Studios as a result of alterations to the original brief by the Client or otherwise at their request, SPF Studios will reserve the right to charge the Client extra expenses and fees.
If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. SPF Studios will make The Client aware of timings and should the work run into extra time he will make the Client aware of this and the associated costs. There is a mutual understanding between The Client and SPF Studios that punctuality is important and respected by all parties.
If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that SPF Studios’s fee may increase. If SPF Studios is unable to contact the Client/payer of invoice at that time work will stop until contact has been made.
On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
If on arrival at a booked job there is an issue (outside of the Client or SPF Studio’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
Quoted fees include mileage up to 20 miles round trip. Additional mileage will incur an additional fee.
Any parking costs will be billed to the Client as an expense and will be added onto the invoice.
Balances past due 30 days from production date and every 30 days beyond that, will incur a 5% late fee on remaining balance due.
10. Liability
SPF Studios’ Certificate of Insurance can be provided to Client or Location. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief. Each subcontractor of SPF Studios will be responsible for providing their own insurance.
Force Majeure SPF Studios is not responsible for any failure to perform any obligation under these T&Cs if its performance has become impossible due to any matter beyond the reasonable control of SPF Studios which includes (but is not limited to): fire, flood, tempest, earthquake, riot, civil disturbance, natural disasters, national emergencies, pandemic, government interference, theft, crime, strike, lockout, breakdown, or war. In such circumstances, SPF Studios will be under no obligation to refund the deposit or invoice.
Limit of Liability If photographer/videographer cannot perform this agreement in whole or in part due to illness or injury SPF Studios will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. SPF Studios takes the utmost care with respect to exposure, transportation, and processing the images. However, in the unlikely event that images have been lost, stolen, or destroyed for reasons within or beyond SPF Studio's control, SPF Studios liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Production Release Liability
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final production.
Where copyright material is provided by the Client for incorporation into a SPF Studios product, permission must be obtained from the original copyright owner / material provider.No liability will be accepted by SPF Studios for any delays or by the Client’s failure to acquire or provide such permissions.
The Client is to indemnify SPF Studios against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the project, the Photographer/videographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the location, or location restrictions. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. SPF Studios is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits.
Archiving of Images
Once the images are in the hands of the Client, it is the Client’s responsibility to download and save the images. Backing up your images is very important. All final images will be stored and archived by SPF Studios for 1 year. If archived images are required after that time or additional storage time is required an admin. fee may be charged. If SPF Studios loses images stored in archive or they are stolen, SPF Studios is not liable.Equipment Substitution
In the event that SPF Studios experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted, unless they occur due to willful misconduct or negligence.
11. Creative License
Images may be edited at SPF Studio’s discretion, and delivered images may not include all images shot. SPF Studios reserves the creative right to edit and release only those deemed professional in quality and within the photographer or videographer’s artistic standards. By signing this contract, the Client is aware of the style of photography and video that SPF Studios produces.
12. Retouching
Basic retouching will be added to all images. Basic retouching includes global adjustments, (white balance, color correction, exposure, contrast, clarity, etc.) basic skin and beauty retouching and any other things seen to be fixed by the photographer that falls into a "basic" category. What classifies in this category falls under the photographers discretion. Any additional extensive retouching will incur an extra charge IF the Client decides they would like it after receiving the gallery of images. Examples of extensive retouching would be (any design or architectural changes, people or product removal, body or weight changes, extensive blemishes, extensive beauty retouching, etc.)
13. Work Credit
Client agrees that whenever commercially reasonable to include credits for work: Video or Photo by, or Shot by, SPF Studios - @spfstudios on social media.