Terms & Conditions
BACKGROUND
A. The Client trusts that the Provider has the necessary qualifications, experience, and abilities to
provide videography, photography, editing, and other services (the “Services”) to the Client.
Client is relying upon representations by Provider as to Provider's qualifications, experience, and
abilities.
B. The Provider is agreeable to providing such Services to the Client on the terms and conditions
set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration is
hereby acknowledged, the Client and the Provider (individually a “Party,” and collectively
the “Parties” to this Agreement) agree as follows:
SERVICES PROVIDED
1. The Client hereby agrees to engage Jason Kritzberg, JKreative Media Team, Intl. LLC, and his
team as Independent Contractors to provide the Client with the Services as outlined in the
Agreement under “Packages Rendered.” The Provider agrees to not engage in further services or
separate projects with any team members associated with JKreative Media Team, Intl. LLC.
Client shall have no authority to bind, act for or obligate any team member of JKreative Media
Team, Intl. LLC in any manner whatsoever. This includes scheduling of additional photo or
video shoots directly with the team member without prior approval from Jason Kritzberg. If
Client is interested in any further work with a particular team member, all inquiries must go
through Jason Kritzberg.
2. The Services will also include any other tasks which the Parties may agree on. The Provider
hereby agrees to provide such Services to the Client.
3. With all of Provider’s Services, Provider offers one (1) complimentary revision round for
video edits only. This revision round includes stylistic changes to the content for anything aside
from the music (if applicable) used in the content. Any additional revisions to the content after
such complimentary revision round will incur a Two-Hundred U.S. Dollars ($200.00) per
revision found. If the Client wishes for the music (if applicable) for the content to be revised,
such revision will cost Three-Hundred and Twenty-Five U.S. Dollars ($325.00). The Client must
provide notes for revisions within 1 week of the delivery of work product to receive a
complimentary revision. If revision notes are not received within 1 week, the project will be
deemed complete, and any revision requests thereafter will result in the revision fees listed
above. Photography does not include complimentary revisions. If a revision is needed on a
photograph, the Client will be responsible in paying a $15.00 per photo revision fee.
4. Client shall have the option to customize the production of their content (such as choosing the
music, picking the branding, etc. if applicable). Should Client not submit its production input (if
applicable) to Provider within twenty-four (24) hours of the scheduled shoot or edit, Provider
shall use its best judgement in producing the content and creating marketing materials for
Client. The client may visit the Provider’s copyright free music platform to choose music:
https://elements.envato.com/audio
5. Should an additional day be needed for any given shoot; the Client will incur a cost of Five
Hundred U.S. Dollars per two-hour shoot day ($500.00).
TERM OF THE AGREEMENT
6. The term of this Agreement (the “Term”) will begin as of the Effective Date of this Agreement
and will remain in full force until its expiration date, subject to earlier termination as provided in
this Agreement. If the agreement is extended past the expiration date, a $50.00 administrative fee
is charged per 30 days of extension.
7. In the event that the Client wishes to terminate this Agreement prior to the completion of the
Services, that Client will be required to provide thirty (30) days prior written notice to the other
Party and all payments paid up to said date will be non-refundable. If the Client chooses to
cancel less then 30 days of completion of services or renewable month, the Client will incur
cancellation fee charges of Three-Hundred and Fifty U.S. Dollars ($350.00). The cancellation
fees will not apply if the following occur: acts of God, illness, strikes, equipment or
transmission failure, or damage beyond reasonable control.
8. The rendered packages & terms of this Agreement will begin and be applicable as of the
Effective Date of this Agreement and remain in effect until the Services have been rendered by
the Provider and the Client has submitted payment for such Services to Provider or as terminated
above in Paragraph 8 in which Client shall compensate Provider for any and all Services
provided by Provider to Client prior to the effective date of termination. Should the Client forgo
services agreed to in this agreement, it is the Client’s responsibility to fulfill the entire agreed
amount. Services that have been cancelled may be offered as a credit at the Providers discretion;
however, the Client acknowledges that these Services could be forfeited.
PERFORMANCE
9. The Parties agree to do everything necessary to ensure that the terms of this Agreement will
take effect.
10. Client acknowledges that Provider must comply with any and all laws and/or regulations
regarding its use of drones. As such, Provider may not be able to provide certain services to
Client if providing such services would result in Provider’s breach of any applicable laws and/or
regulations and/or the Federal Aviation Administration’s (FAA) guidelines with respect to the
use of drones. Client acknowledges that no refund or compensation will be offered if Provider is
not allowed to fly their drone due to breach of any applicable laws and/or regulations and/or the
Federal Aviation Administration’s (FAA) guideline.
11. The Parties agree that the Provider shall not be liable to the Client for any damages,
including, but not limited to, direct, indirect, special, incidental, punitive, or consequential
damages arising from or related to this Agreement, including, but not limited to, any property
damage resulting from any and all Services rendered by Provider.
12. Any businesses/organizations that the Provider and Client film at must be pre-approved by
the Client/business and the Provider is not responsible for distributing, owing, or licensing any
footage – whether that be RAW footage or post-production edits, to said business without
additional payment from said business and written consent from Provider.
13. In no event shall Jason Kritzberg or his team be held liable for loss and/or injury to Client’s
pet(s) arising out of or in any way connected with the services offered by Jason Kritzberg or his
team. CLIENT HEREBY DISCLAIMS ANY AND ALL CLAIMS CLIENT MAY HAVE
RELATED TO ANY SUCH LOSS AND/OR INJURY TO CLIENT’S PET(S) in relation to the
services herein contemplated.
CURRENCY
14. Except as otherwise provided in this Agreement, all monetary amounts referred to in this
Agreement are in USD (US Dollars).
COMPENSATION
15. For the Services rendered by Jason Kritzberg, JKreative Media Team, Intl. LLC, the Client
shall provide compensation (the “Compensation”) to Jason Kritzberg, JKreative Media Team,
Intl. LLC in the fixed amount as highlighted in the Agreement.
16. A retainment deposit of 50% of the total order in the Agreement (the “Deposit”) will be
payable by the Client and is non-refundable upon the signing of this Agreement. Final payment
will be due upon production start day. Should the Client decide to pay for the entirety of the
package, regardless of price, at the time of the signing of this Agreement, the Parties agree that
the aforementioned non-refundable retainment deposit amounts shall still apply to said project.
17. If not paid in full (2) days after production start day, late payment fees of Twenty-Five U.S.
Dollars ($25.00) per day will apply to Client’s order if Client fails to pay for the Services in full.
Final downloads will be in a “view only” status and will not be available to download or share
until the final payment has been received. In some cases, the edit service will not begin if final
payment is not received at that point.
18. Should Client fail to show up to a scheduled shoot, have the shoot site unprepared at the time
of the scheduled shoot or need to reschedule a scheduled shoot within fourty-eight (48) hours of
a scheduled shoot, Client will incur a rescheduling fee of One-Hundred and Twenty-Five U.S.
Dollars ($125.00). Client may avoid any such rescheduling fee if Client notifies Provider of such
rescheduling needs more than fourty-eight (48) hours before any scheduled shoot. If the Parties
begin a scheduled shoot and a part of the shoot gets cancelled, the Provider or Client ends the
production early without finishing said production, or if the Provider arrives, does not start work,
and the Client cancels the production, a non-refundable One-Hundred and Seventy-Five U.S.
Dollars ($175.00) fee will apply and a rebooking fee of Three-Hundred and Twenty U.S. Dollars
($320.00) will incur per two-hour shoot (if the cancelled production is re-booked). If the Parties
begin a scheduled shoot and need to stop said shoot due to weather conditions and/or conditions
in which the Parties’ safety and/or Provider’s filming equipment may be damaged, rescheduling
fees shall not apply.
REIMBURSEMENT OF EXPENSES
19. Client agrees to reimburse Provider for all incidental charges and out-of-pocket expenses
incurred by Provider or its employees, contractors, and/or agents in connection with providing
the services and Products comprising the Package, including travel, parking, tolls, ferry tickets,
permits, admission charges, sales or use taxes and fees, provided meal or meal expenses for
productions 6 hours and greater (for each team member applicable), and mileage. A total of
fifty (50) miles of driving, round trip, is included at no charge. Mileage is calculated with
reference to the arrival address provided by Client along with all other stops and locations
requested by Client, beginning and ending at 90024. Additional distance beyond such mileage is
charged by Provider at the rate of $1.50 per mile, per Provider team member, if applicable. These
charges are calculated after the Event Date and billed on the following month’s invoice. If the
arrival address provided by Client is greater than 200 miles, one-way, with reference to 90024,
Client is responsible for securing and providing one (1) night of overnight accommodation, with
a separate room for each of Provider’s team members included in the Package selected by Client,
at an establishment reviewed and approved by Provider at least thirty (30) days in advance of
Event Date. Client is responsible for securing and buying a permit, if necessary, based on the
venue and/or coverage location(s) of Client’s choice. Provider will provide standard proof of
insurance documentation at no charge. If Client requests coverage modifications, such as an
additional insured party, Client is responsible to compensate Provider by paying a $175
administrative fee.
OWNERSHIP OF INTELLECTUAL PROPERTY
20. Client License to Work Product. Provider agrees that Client shall have an irrevocable,
exclusive, non-transferable, non-assignable, fully paid, worldwide license to use any and all of
the Client-specific work product submitted by Provider to Client. For purposes of this Paragraph
20, “Client-specific work product” refers to work product (post-production edit files) that are
uniquely generated for a particular Client. This license includes, but is not limited to, the right to
publish, distribute, make derivative works of, edit, alter or otherwise use the Client-specific work
product in any way Client sees fit. Project editing files are not to be transferred to client. Raw
media files are not licensed to client under this agreement. If the Client wishes to copyright the
raw media files, the Client will be responsible in purchasing the negotiated raw media file rate
that the Provider will set. The Provider may use all produced raw material & post-production
edits in personal reels, website, publications, and social media for the sole purpose to provide a
sample product to future clients.
GOVERNING LAW & VENUE
21. This Agreement is to be governed by the Laws of the STATE OF CALIFORNIA. The Parties
consent to the exclusive jurisdiction and venue of any state court located within Los
Angeles County, State of California in connection with any matter arising out of this Agreement.
The prevailing Party in any such disputes shall be entitled to collect from the other Party all costs
incurred, including reasonable attorneys’ fees.