Terms and Conditions
Last updated on May 16, 2018.
By using this website, you agree to the following terms and conditions. Please read them carefully before using this website.
This website is owned and operated by Cinema Jubilee LLC, a Georgia based business. You must be at least thirteen years of age to use our website. Use our website at your own risk.
All films, videos, images, text, graphics, and designs are owned by and property of Cinema Jubilee LLC, or the properly attributed party. It is a violation of federal law to use or alter any of our intellectual property in whole or in part without our permission.
Client Services Agreement
This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties and cannot be transferred to any third parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. The laws of the state of Georgia govern this agreement and any disputes arising from it must be handled exclusively in courts in that state. The prevailing party in any dispute will be entitled to recover reasonable costs and attorney fees.
RESERVATION and PAYMENT
A signed/accepted contract and invoice paid in full are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the total fees paid are non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
The CLIENT agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
The COMPANY will take reasonable breaks for food, water, restroom, and for physical fatigue during the EVENT(S).
The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the videographers from the COMPANY experience inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the videographers from the COMPANY, or the reputation of the COMPANY, is in question.
All travel expenses are based on the distance between the EVENT location(s) and the COMPANY’s address. For all EVENT(S), the first 60 miles’ roundtrip of travel are included. All miles in excess of 60 miles roundtrip are charged at $0.54 per mile, per 2018 IRS standard mileage rates, unless otherwise specified in writing. Any EVENT(S) locations that require hotel stays or flights will be assessed and added to total price at time of signing.
The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests/people, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo/video coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for the exclusion of specific persons or objects in the film at the EVENT(S) unless otherwise discussed in writing in advance.
VENUE AND LOCATION LIMITATIONS
The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services, where applicable.
OWNERSHIP OF THE WORK
The COMPANY hereby grants the CLIENT a license to use the video produced under this agreement only as follows: a non-transferable, non-sublicensable, and worldwide right to display, use, and publish, in an unlimited number of projects, in whole only, via any medium, the content for any purpose (the “Permitted Use(s)”). All other rights in and to the content, including, without limitation, all copyright and other intellectual property rights relating to the content, are retained by the COMPANY. This license is non-exclusive. Its duration is perpetual and irrevocable except as provided in the "Termination" section below. The granting of any license is conditioned on the COMPANY being paid the full amount of this agreement and will be royalty-free. The COMPANY reserves all rights in the work produced under this agreement that are not expressly granted to the CLIENT.
FILM and COPYRIGHTS
The videos produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. The COMPANY grants the CLIENT permission to share the videos on social networking websites, with family and friends, and on vendor websites as long as the videos remain unaltered and textual credit does not indicate creation by any other entity other than the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to selling the video(s).
The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish videos and photographs (or stills) of the CLIENT or in which the CLIENT and third parties may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images, unless otherwise requested in writing by the CLIENT.
Any information supplied by one party to the other marked as "Confidential" must be used only for the purposes of this agreement and must not be disclosed to other parties without the written consent of the disclosing party. This does not apply to information that is publicly available or that the recipient already properly knew, developed or received independently. When the agreement terminates, the COMPANY must return to the CLIENT any materials containing confidential information. Confidentiality obligations survive termination of this agreement.
INDEPENDENT CONTRACTOR RELATIONSHIP
The COMPANY is an independent contractor, not an employee or partner of the CLIENT. The COMPANY is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.
The COMPANY warrants that no obligation to a third party prohibits the COMPANY from entering into this agreement, and that to the COMPANY’s knowledge, work produced under this agreement will not violate the intellectual property rights of any third party.
LIMITATION OF LIABILITY
In the unlikely event that the the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY 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(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S).
CAPTURE AND DELIVERY
The COMPANY is not liable to deliver all footage captured at the EVENT(S). The determination of final videos ordered and delivered to the CLIENT is left to the creative discretion of the COMPANY. Project details will be outlined and agreed upon in writing and delivered to the CLIENT before the project commences. The COMPANY will not be held accountable for failure to deliver videos of any individuals or any objects at the EVENT(S), unless specified in writing by the CLIENT before the EVENT(S) to be of significance to the delivered project. The COMPANY will safely archive all RAW video footage and audio files captured at the EVENT(s) until at least two years after the EVENT(s). Any requests for RAW files requires the signing of a RAW FOOTAGE RELEASE AGREEMENT, as well as payment in full for an invoiced amount no less than $1000. The COMPANY can deny requests, and is under no obligation, to sell and license RAW footage to the CLIENT.
Any aerial/drone footage capture is subject to restrictions of venue, airspace, weather, and general sUAS safety requirements. The COMPANY reserves the right to makes these determinations and fulfill all FAA and safety requirements during the EVENT(s). If safe flight cannot occur, CLIENT shall be reimbursed in full for said add-on.
POST PRODUCTION AND EDITING
Any editing/postproduction work cannot begin until the full balance is paid by the CLIENT. The COMPANY retains all creative control over the edit, length/runtime and overall project. Additional requested editing and/or changes to final film(s) will be billable to the CLIENT at the discretion of the COMPANY at a rate no less than $100.00 per hour for any requested re-edits. The CLIENT must send, in writing, re-edit requests no later than 5 days after receiving their final film(s).
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased directly from the COMPANY.
If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing written notice of the breach to the breaching party. The breaching party shall have 5 days to cure the breach after receiving such notice. If the breaching party fails to cure the breach in that time, the agreement shall terminate except with respect to those obligations that are noted herein as surviving termination. If the agreement terminates for any reason other than a material uncured breach by the COMPANY, the COMPANY is immediately entitled to the greater of (i) any unpaid fees prorated for the work completed at the time of termination or, if applicable, (ii) the nonrefundable deposit paid by Client at signing, retained as liquidated damages. This obligation, and any payment obligations pending at termination, survive termination. Upon termination, any license the CLIENT has to the work is immediately revoked.