Terms of Service
SECTION 1
Introduction
Last updated: Jan 31, 2024
The following is our Terms of Service, aka the Service Agreement, which is administered for each booking and is considered intellectual property. One Shot Productions and/or One Shot Commercial (Provider) at any time may reserve the terms outlined herein by updating this document/web page.
SECTION 2
Background
A. The Client is of the opinion that the Provider has the necessary qualifications, experience, and abilities to provide photography and/or videography and other services (the “Services”) to the Client.
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:
SECTION 3
Services Provided
1. The Client hereby agrees to engage One Shot as an Independent Contractor to provide the Client with the Services as outlined in the order.
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. Client does not restrict Provider’s ability to perform Services for or through other parties and Provider is authorized to accept work from and perform work for other businesses and individuals besides Client.
4. With all of Provider’s Services, Provider offers one (1) complimentary revision round. 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 and Fifty U.S. Dollars ($250.00) per revision found. If a Client wishes for the music (if applicable) for the content to be revised, such revision will cost Five-Hundred U.S. Dollars ($500.00).
5. Client shall have the option to customize the production of their content (such as choosing the music, picking the branding, picking a website URL for their marketing, etc. if applicable) via an online Branding Questionnaire Form. Said Form will be sent to client (if applicable) and presented upon booking. Should Client not submit its production input (if applicable) to Provider within twenty-four (24) hours of the scheduled shoot, Provider shall use its best judgment in producing the content and creating marketing materials for Client.
6. Should a city clip montage be included in any video productions services (if applicable) submitted by Provider to Client, Provider shall have the option, in its sole discretion, to accept or refuse a Client request regarding where such city clip montage will be recorded. Such a custom city clip montage will only be filmed within a four (4) mile radius of the location of the scheduled shoot, and such city clip montage location will be determined by the Parties prior to the scheduled shoot. Should Client request Provider to film a city clip montage from private property and/or property that is not accessible to the public, Provider will not provide such city clip montage services.
SECTION 4
Term of the Agreement
7. The term of this Agreement (the “Term”) will begin as of the Effective Date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement with the exception of the license term provided in Paragraph 26 below. The Term of this Agreement may be extended with the written consent of both of the Parties hereto.
8. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide thirty (30) days prior written notice to the other Party.
9. 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 below in Paragraph 26 in which Client shall compensate Provider for any and all Services provided by Provider to Client prior to the effective date of termination.
SECTION 5
Performance
10. The Parties agree to do everything necessary to ensure that the terms of this Agreement will take effect.
11. The property must be ready by the appointment start time. Provider may use its discretion to cancel, postpone, or reschedule the appointment if delays are caused by other vendors, contractors, or parties on site including but not limited to other photographers or videographers, stagers, builders, landscapers, cleaners, inspectors, home sellers, homebuyers, and other real estate agents or brokers.
12. Provider is not required to provide Services beyond what is outlined in this Electronic Agreement. If for any reason Provider & Client verbally agree to provide Services beyond what is outlined in this Agreement & outlined in original Packages Rendered after booking, once onsite, or during the Production process, Provider has the right to modify order to reflect the updated Services & Packages Rendered on site and Client may have a Remaining Balance Due. For general safety and liability purposes, Provider contractors, employees, or representatives may not be required to help with extensive cleaning, dusting, or the moving of furniture, decor, fixtures, or signage.
13. Client shall ensure there are no safety hazards on site. Provider and its employees, contractors, and/or representatives reserve the right to cancel, postpone, or reschedule production should there be safety concerns. Provider may use its discretion to determine if an environment is deemed unsafe.
14. Smaller utility rooms, garage interiors, and/or closets are typically not captured during filming/photographing. If Client wishes to include smaller utility rooms and/or closets or other specific areas, Client may request for Provider to do so by informing a Provider employee, contractor, or representative prior to the appointment and by notating such request(s) in the Branding Questionnaire form, sent upon job confirmation.
15. Client acknowledges that Provider must comply with any and all laws and/or regulations regarding its use of unmanned aircraft vehicles, also known as “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 set forth by the Federal Aviation Administration’s (FAA) guidelines and/or other legal groups with respect to the use of unmanned aircraft vehicles, also known as “drones”.
16. 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.
17. In no event shall One Shot be held liable for loss and/or injury to Client’s home, business, pet(s) arising out of or in any way connected with the services offered by One Shot. 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.
SECTION 6
Currency
18. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
SECTION 7
Compensation
19. For the Services rendered by One Shot, the Client shall provide compensation (the “Compensation”) to One Shot in the fixed amount as highlighted in the order. Additional fees may incur should an additional package, and/or add-on, and/or an invoice gets added/modified directly, verbally, or in other means of communication, in succession of the signing of this agreement. Cancellation, postponement, or rescheduling of the Production can also be subjected to additional fees.
20. A deposit of 50% of the total order (the “Deposit”) will be payable by the Client and is non-refundable upon booking of the order. Should the Client decide to pay for the entirety of the package, regardless of price, at the time of booking, the Parties agree that the aforementioned non-refundable deposit amounts shall still apply to said project, barring a one (1) time exception has been made by the Provider.
21. If not paid in full upon booking, the remaining balance will need to be paid in full on or before four (4) business days once One Shot digitally delivers the Client’s initial marketing materials. Revision rounds cannot begin until invoice is paid in full. Late payment fees of 10% of the total order per day will apply to Client’s order if Client fails to pay for the Services in full within the aforementioned four (4) business day deadline requirement. Client grants Provider permission to contact their broker, controller, manager, or company of employment for open balance inquiries associated with this Project. Client agrees that all licenses granted herein may be revoked at Provider’s discretion should an outstanding balance be opened for more than 1 month.
22. 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 twenty-four (24) hours of a scheduled shoot, Client will incur a rescheduling fee of Three-Hundred-Fifty U.S. Dollars ($350.00). Client may avoid any such rescheduling fee if Client notifies Provider of such rescheduling needs more than twenty-four (24) hours before any scheduled shoot. 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.
SECTION 8
Production Timeline
23. Provider requires a minimum of 2 hours of open availability on the job site for production depending on the Services requested. Unpredictable and uncontrollable delays that may arise could affect or jeopardize the production schedule and delivery turnaround times. Our standard turn-around times for standardized projects within a 50 mile round-trip radius of 91356 are as follows:
- Real Estate Video Production (standard): up to 7 Business Days* (upon receipt of Branding details)
- Real Estate Photography & Editing (standard): Next Business Day* (Does not include packages with Twilight photography or custom projects)
The All in One Package (standard, up to 7000 square feet): up to 7 Business Days* (upon receipt of Branding details)
- All other packages/orders follow production schedule as noted in order.
If branding questionnaire(s) is not received within 2 Business Days after scheduled Job Date/Time, our team has the flexibility to begin the post production process using our own judgement in order to deliver your project in a timely fashion.
SECTION 9
Reimbursement of Expenses
24. One Shot will not seek reimbursement for any expenses incurred in connection with providing the Services as long as the filming location of the Services is within a fifty (50) mile roundtrip from zip code 91356 for Los Angeles service area productions and zip code 33308 for Fort Lauderdale/Miami service area productions.
SECTION 10
Ownership of Intellectual Property
25. The Parties intend that the Provider shall retain any and all rights, titles and interests to any and all work product generated from the Services provided by Provider to Client subject to the below defined Client License in Paragraph 26.
26. Client License to Work Product. Provider agrees that Client shall have an irrevocable (for the license period), exclusive, non-transferable, non-assignable, fully paid, worldwide license for a period of ten (10) years (the “License Term”) 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 that is 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. At the expiration of the License Term, Client will have no further right to use the Client-specific work product without Provider’s prior consent.
SECTION 11
Governing Law & Venue
27. 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.