As an independent service provider, my greatest goal is to provide high-quality products and services to my clients, as well as a reasonable amount of transparency throughout all of my communications. Please carefully read and acknowledge the following terms of service. These terms of service apply to anyone who I decide to do business with and/or enter a contract with, and represent an unspoken mutual agreement between myself and my clients. They are designed to protect both your rights as a client and mine as a service provider.
All services I provide, which include (but are not limited to) photography, videography, and video editing services, are subject to these terms and conditions, which may change at any time and without notice.
In order for me, the Service Provider, to meet the requests of my Clients successfully, I need to be aware of what exactly it is you want from me, so we'll need to discuss details. After you reach out to me, whether you do so by way of email, cell phone, inquiry form, or some other means, here's what needs to happen.
1. We'll figure out what exactly it is you're wanting to make. Please list out details about your project and/or what Services you're looking for so we have a place to begin discussions. If you have certain requirements that are set in stone (like deadlines or a very specific style of video), I'll want to know about those as early as possible. If there are other details you're not quite sure about yet, we'll need to figure those out together.
As a starting point, here are some examples of information I'll need before we get too far into the process:
Don't worry if you don't have all the details yet, or don't quite know exactly what you're looking for! If that's the case, we can have an ongoing conversation and try and figure out what you're looking for together--I'm happy to help you flesh out your idea into something greater.
2. Once we've figured out the details, will discuss prices. For details on how I calculate my prices, see the "Prices/Fees" section of these Terms.
3. I'll send you a Proposal. This is a legally binding Contract that will contain the terms of the project, and represents an agreement between myself (the Service Provider) and you (the Client). It will contain information such as the cost of my Services, and any additional fees. You'll need to sign it and deliver it to me before Services related to your project can begin. The details and terms of the Proposal are final once both you and I have signed the document. Should you (the client) or request changes to these terms after the Proposal has been signed, I may draft a revised Proposal that, when mutually signed, shall void and replace the previous version/s of the Proposal. You acknowledge that should you request changes to the details of the project after signing a proposal, you may be required to pay additional fees.
The prices listed under the "Services" section of my website represent my service fee for each of the services listed--in other words, these prices are compensation based on complexity of project/service, scope of project/service, and the time I expect to spend completing your requests. The service fees as advertised on these pages are the minimum compensation amounts that I agree to work for regarding the relevant service you're inquiring about. The more complex or demanding your project is, the more this service fee may vary.
Here are some examples of factors that may increase the cost of the service fees:
Generally, service fees are inclusive and most small projects I work on will not necessitate extra fees. However, there may be instances in which extra fees will apply. When possible, I will always disclose these fees in advance and provide you with the final estimated cost of the project before beginning work on any project. However, should the details of your project change and/or additional fees be required, I will discuss these fees and/or changes with you and send you a revised Proposal. You must sign this revised Proposal.
Here is a breakdown of potential fees that may be added to the cost of your project at any time.:
Additional types of fees not listed here are possible and may be added to the cost of your project at any time before OR after you have signed a Proposal. Fees incurred after a Proposal has been signed will be delivered to you via invoice during a project OR after the project has been concluded. You are required to pay any and all fees incurred over the course of the project, regardless of when you are notified about these fees. I will always make you aware of any and all fees.
By entering a contract with myself, the service provider, you agree to deliver the following payments within the following payment windows.
The Service Provider may halt work or refuse to deliver versions of a product/products should the Client fail to meet these terms of Payment.
You, the Client, acknowledge that the rights to any products delivered to Client by the Service Provider (including photos or videos) shall belong to the Client once all fees have been paid to the Service Provider. The Service Provider shall retain the right to use any products, either in full or in portions, to market the Services of the Service Provider, and in future projects the Service Provider carries out for any future Clients.
The Client shall retain all other rights to products the Client has recieved from the Service Provider, including the ability to distribute said products in any format and in perpetuity for any reason, and including the right to profit off of said product. The Client also retains the right to modify, remix or edit the product in any way after receiving the final product, as well as any additional rights not listed here and not expressly waived or distributed to the Service Provider or other parties in an Agreement.
Non-final drafts of products (ie; works in progress) do not receive Client ownership rights until a final draft has been deliverd to the client and all payments have been received by the Service Provider.
I, the Service Provider promise to deliver a product (or products) for my clients that reflects the details and expectations for the project as outlined out in your project's Proposal, which both you and I will sign. Should I fail to meet these expectations, and should you decide to refuse to accept the finished product I deliver to you (be it a video, a photo/collection of photos, or something else,) you will be refunded 50 percent of your paid service fee. You will not be refunded or excused from any additional fees that may have been incurred, (including but not limited Owtravel fees or equipment fees.)
You acknowledge that I, the service provider, retain the sole and exclusive right to terminate any agreement with you, the Client, at any time, should any of the following events occur:
(a) All work shall be completed in a professional manner, and if applicable, in compliance with all building codes and other applicable laws.
(b) To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform the work.
(c) In the event Client shall fail to pay any periodic or installment payment due hereunder, Service Provider may cease work without breach pending payment or resolution of dispute. Any paid Service Fee is not refundable.
(d) Service Provider shall not be liable for any delay due to circumstance beyond its control.
(e) Service Provider is an independent contractor and not an employee of Client.
(f) Service Provider cannot be held liable for any injuries or damages to Person or Property as a result of accident or negligence by the Client.
(f) Any changes to a Proposal or other Contract must be signed by both Service Provider and Client.
(g) This Contract and any others shall be construed in accordance with the laws of the state of Arizona. .
(h) Neither the Client nor the Service Provider may assign this Agreement without prior written consent from the non-assigning party.
(i) The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.
(j) This Agreement constitutes the entire agreement between the Client and the Contractor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.