Standard Terms & Policies
Last revised June 2023
By engaging in services with Browning Visual Media, LLC ("Producer"), you ("Client") agree to the following terms and conditions regarding your project ("Project"), unless otherwise stipulated in a separate contract between both Producer and Client.
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REVISIONS & CHANGES IN SCOPE: Unless otherwise specified in the estimate or proposal, revisions are billed hourly. Significant revisions that constitute a change of scope may require a new estimate and approval before work continues. By requesting revisions, Client is engaging in additional services and will be billed accordingly.
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REVIEWS & APPROVALS: Client’s prompt review of all media and/or documents sent for review is required in order to maintain Project’s delivery schedule. As such, each review link will be accompanied by a designated window of time for review. Delays in feedback and approvals may result in delays to Project’s schedule. Amount and scope of revisions may also affect the delivery schedule. Written Client approval is required before final delivery of Project.
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CANCELLATIONS & RESCHEDULING: Cancellations not made prior to two (2) business days before a booking may require that the booking be billed in full to pay for booked services, and any non-refundable deposit required for certain bookings will be forfeit. Some services and travel arrangements may have their own cancellations separate from this cancellation window. Prompt rescheduling will be attempted, but specific dates cannot be guaranteed. Cancellations may alter delivery timelines.
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LICENSING & USAGE: Depending on the Project, deliverables may be governed by a separate licensing agreement OR provided as a work-for-hire, in which Client will retain ownership of all deliverables and original source media (excepting third-party source media governed by an existing licensing agreement) with no restrictions of use immediately upon payment of final balance. Producer retains all project files regardless of licensing structure. Licensing agreements are determined on a project-by-project basis in accordance with U.S. Federal and State law.
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CLIENT-PROVIDED MATERIAL AND INFORMATION: Client agrees that all information Client supplies to Producer is accurate to the best of Client’s knowledge, and that all material Client supplies to Producer is within the rights of Client to lawfully distribute. Client releases Producer of any liability related to the information or materials Client supplies to Producer.
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GUARANTEES: Producer cannot fully guarantee a delivery date if the Project is affected by factors beyond Producer’s control, including but not limited to inclement weather that causes shoot delays, catastrophic technical failures, delays in review, and actions taken by other entities that impede delivery. Producer makes no guarantees regarding the efficacy of Project, including, but not limited to, the generation of leads, revenue, web hits, brand perception, public opinion, or other metric. Producer is not responsible for how third party distributors and broadcasters display or transmit the Project’s deliverables or whether Project’s deliverables are compatible on end users’ systems.
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LIABILITY: Client releases Producer of all liability related to Project, including but not limited to real or perceived loss of leads or revenue and lawsuits claiming negligence, injury to character, copyright infringement, illness, injury, or property damage. Shoots will be insured to cover injuries or damages to property. Signed releases will be required for all individuals and locations.
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PAYMENT: Client agrees to pay Producer the full total of the Estimate, plus any additional charges itemized in subsequent invoices, in exchange for services rendered. Projects canceled by Client but not fully delivered may be billed in full. Failure to provide feedback does not relieve Client of the obligation to pay. The Proposal may specify a payment schedule, including deposits, progress payments, or installments, for which payment is required before proceeding with the Project.
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EXCLUSIVITY AND SURVIVABILITY: This agreement may be supplemented or superseded by other contracts between Producer and Client. This agreement survives cancellation, abandonment, or termination of the Project.
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