Table of Contents
PLEASE READ THESE TERMS AND CONDITIONS ("T&C") CAREFULLY. BY ENGAGING GET CAMERA CREW ("GCC", "WE", OR "US") FOR VIDEO PRODUCTION SERVICES, YOU ("CLIENT") AGREE TO BE BOUND BY THESE T&C. THESE T&C FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GCC.
1. Scope of Services
1.1 Services
GCC provides video production services, including pre-production (e.g., concept development, scripting), production (e.g., filming, directing), and post-production (e.g., editing, color grading) as outlined in a mutually agreed-upon project proposal or Statement of Work ("SOW"). The SOW will detail deliverables, timelines, and fees.
1.2 Client Responsibilities
Client shall provide timely access to necessary materials, locations, personnel, and approvals required for the project. Delays caused by Client may result in additional fees or schedule adjustments, as specified in the SOW.
1.3 Subcontractors
GCC may engage subcontractors (e.g., videographers, editors) to perform services. GCC remains responsible for the quality and timely delivery of such services.
2. Payment Terms
2.1 Fees
Client shall pay fees as outlined in the SOW. Unless otherwise specified, a deposit (typically 50% of the total fee) is required before work begins, with the balance due upon project completion or per agreed milestones.
2.2 Additional Costs
Client is responsible for additional costs (e.g., location fees, talent costs, travel expenses) as specified in the SOW. Any unforeseen costs will be communicated and approved by Client in writing.
2.3 Payment Schedule
Payments are due within 15 days of invoice receipt unless otherwise stated in the SOW. Late payments incur a 1.5% monthly interest charge unless the SOW specifies otherwise.
3. Refunds and Cancellations
3.1 Project-Specific Terms
Refunds and cancellations are governed by the terms outlined in the SOW or contract associated with each project quote. Each SOW will specify conditions under which refunds may be issued or cancellations permitted, including any applicable fees or obligations.
3.2 Evaluation
Any request for a refund or cancellation will be evaluated based on the specific terms of the SOW or contract for that project. GCC reserves the right to assess the status of work performed and expenses incurred to determine any refund or cancellation outcome.
3.3 No Standard Policy
Unless explicitly stated in the SOW, there is no standard refund or cancellation policy, and each case will be handled according to the agreed-upon project terms.
4. Intellectual Property
4.1 Ownership
Upon full payment, GCC assigns to Client all rights, title, and interest in the final video deliverables ("Deliverables"), including copyrights, subject to Section 4.2. Client grants GCC a perpetual, non-exclusive license to use Deliverables for promotional purposes (e.g., portfolio, website) unless otherwise agreed in writing.
4.2 Pre-Existing Materials
Any pre-existing materials owned by GCC or third parties (e.g., stock footage, music licenses) remain their property and are licensed to Client for use solely in the Deliverables as specified in the SOW.
4.3 Client Materials
Client warrants it has all necessary rights to provide materials (e.g., logos, scripts) for use in the project and indemnifies GCC against any third-party claims arising from such materials.
5. Content Approval and Revisions
5.1 Approval
Client shall review and approve Deliverables within 7 days of receipt unless otherwise specified in the SOW. Failure to provide feedback within this period constitutes approval.
5.2 Revisions
The SOW will specify the number of included revisions (typically two rounds). Additional revisions or changes beyond the SOW scope may incur extra fees.
5.3 Rejection
If Deliverables are rejected for not meeting the SOW specifications, GCC will revise or reshoot at no additional cost, provided the rejection is reasonable and communicated within 7 days or as specified in the SOW.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the project, except as required by law or with prior written consent.
7. Liability and Indemnification
7.1 Limitation of Liability
GCC’s liability for any claim arising from this T&C or the services provided is limited to the amount paid by Client for the project. GCC is not liable for consequential, indirect, or punitive damages (e.g., lost profits).
7.2 Indemnification
Client shall indemnify GCC against claims arising from Client’s materials, misuse of Deliverables, or breach of this T&C. GCC shall indemnify Client against claims that the Deliverables (as delivered and unaltered) infringe third-party intellectual property rights, provided Client notifies GCC within 10 days of any claim.
7.3 Insurance
GCC maintains general liability and equipment insurance. Client is responsible for any additional insurance (e.g., for locations or talent).
8. Termination
8.1 Termination by Client
Client may terminate the project with written notice, subject to the terms of the SOW regarding work performed and expenses incurred.
8.2 Termination by GCC
GCC may terminate the project if Client fails to make payments or breaches the T&C, after providing 7 days’ written notice to remedy the breach.
8.3 Effect of Termination
Upon termination, GCC will deliver any completed Deliverables upon full payment for work performed, as per the SOW.
9. Dispute Resolution
9.1 Governing Law
This T&C is governed by the laws of the Netherlands.
9.2 Arbitration
Disputes arising from this T&C shall be resolved through binding arbitration in Amsterdam, Netherlands, under the rules of the Netherlands Arbitration Institute. Each party shall bear its own costs, and class actions are waived.
10. Miscellaneous
10.1 Force Majeure
Neither party is liable for delays due to events beyond their reasonable control (e.g., natural disasters, strikes).
10.2 Entire Agreement
This T&C and the SOW constitute the entire agreement between Client and GCC, superseding prior communications.
10.3 Amendments
Amendments to this T&C must be in writing and signed by both parties. GCC may update these T&C with 30 days’ notice; continued engagement constitutes acceptance.
10.4 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
10.5 Assignment
Client may not assign this T&C without GCC’s written consent. GCC may assign this T&C to a successor or affiliate.
CONTACT
For questions or notices, contact: legal(at)getcameracrew.com or Get Camera Crew, Poortland 66, 1046BD Amsterdam, Netherlands.