Willow Film company, LLC
Our goal as a video team is to tell the best story possible and ensure the best experience possible for our customers, our on-camera talent, our production team, and everyone that we interact along the way. In order to ensure the best experience possible, we have established project terms and conditions that outline the expectations of our team and our customers to make each project a success. Please feel free to contact us if you have any questions regarding the terms.
Our terms and conditions are subject to change. The most up-to-date terms are included below:
SCOPE OF WORK: Prior to the start of each project, we will provide an estimate that outlines the details of the services to be provided to our customers. It will include the work requirements necessary, the estimated budget, the timeline of delivery, and any other pertinent information or proposed elements regarding the project. It is important that the client understands that the estimate is subject to change depending on the actual needs of the project. We will do our best to make sure that estimate is as accurate as possible, but we cannot always foresee expenses or costs deemed necessary to the project. If additional expenses are needed which could include but are not limited to unforeseen production expenses, stock footage, hard drives for delivery, software or plugins required for the project, meals while traveling, etc, we will inform our customers of any needed expenses before they are incurred. We won’t take responsibility for unfinished projects due to a refusal of needed additional expenses. It is also important that our customers understand that the means and methods of carrying out the services are at the sole discretion of Willow Film Company and our team.
COMMUNICATION. Clear and assertive communication is the most important aspect of the success of a project. We will do our best to be clear and assertive in communicating prior to a project, but it is expected of our customers that they do the same. We won’t be responsible or liable due to any miscommunication or lack thereof from a customer that results in production delays, rescheduling, incomplete work, etc.
PROJECT PAYMENT. Payment for our services will be to Willow Film Company, LLC via check, direct deposit, wire, or credit card (3% fee) at the rate agreed upon in the estimate. Unless established otherwise, 50% of the total project budget must be received prior to production with the remaining 50% of the budget due upon project completion or 60 days, whichever comes first. We will charge late fees of 5% per week if an invoice has not been paid 30 days past due on the invoice. Payments are non-refundable.
PROJECT CANCELLATION OR RESCHEDULING. Both customers and Willow Film Company, LLC reserve the right to terminate a project for any reason up to 15 days written notice without any fee. In the event that a project is canceled, we will complete any unrealized and outstanding deliverables and deliver within 30 days. Unpaid funds and reimbursable expenses incurred prior to cancellation will be paid by the customer within 30 days. If a customer cancels or reschedules a shoot within 14 calendar days of a shoot, a 3% fee will be billed. If a customer cancels or reschedules a shoot within 7 calendar days of a shoot, a fee of 25% of the project budget will be billed. If a project is canceled or rescheduled within 24 hours of a shoot, a fee of 50% of the project budget will be billed. This is used for the labor required to reschedule crew and coordinate dates, as well as lost work opportunities for the crew who reserved their schedules for our project. In all cases of cancellation and rescheduling, Willow Film Company’s determination of amounts owed is final. Any outstanding payment will be made within 30 days of the invoice.
COPYRIGHTS AND INTELLECTUAL PROPERTY. After a project is completed, we will transfer all ownership in the final video deliverables created within the project scope to the customer with the following limitations: The rights granted to the customer are for use of the final products for the intended purpose only as described in the estimate or scope of work and any properly addendums or amendments in writing. Our customers do not have permission to create, sell, or distribute derivative works of the final product without our express written permission. Created and captured unedited raw images, audio, and video clips are the property of Willow Film Company, LLC, unless otherwise established in a separate agreement between our customer and Willow Film Company, LLC.
PORTFOLIO USE. Unless otherwise established in a separate written agreement between the customer and Willow Film Company, LLC, the customer grants full use permission for our team and members to share the following but not limited to: photos, videos, logos, audio, graphics, music, and other creative works developed within the project scope, in the studio’s work portfolio or marketing efforts to gain new business. We have the right to share the content on our website, social media, and online advertising channels. Any work that has proprietary or sensitive information will not be released unless permission has been given to Willow Film Company in writing. It is our customer’s responsibility to advise the studio in writing either through a non-disclosure agreement, or otherwise established, of proprietary and sensitive information.
REVISIONS AND FEEDBACK. We are fanatical about our client’s experience working with us. We allow 4 revision rounds to ensure each video meets the needs of our client within the scope of the original estimate. Each communication, whether in person, over the phone, or via instant messaging/email, that includes any change or changes, suggestions, or alterations for a deliverable or preliminary works shall constitute one round of revision. To ensure clarity, consistency, and completeness in feedback, our customers must coordinate internally within its team of stakeholders, editors, agents, subcontractors, and other decision-makers to send all feedback for each round of deliverables in one comprehensive device. This device can be a single document, email, marked-up deliverable (Frame.io), or meeting. Subsequent feedback and edits, and multiple communication to Willow Film Company will constitute additional rounds of revisions and may be subject to additional costs at our sole discretion.
PROJECT LIABILITY. We commit to performing our tasks to the best of our ability. Still, we cannot be held responsible for unforeseen circumstances including but not limited to equipment failure, schedule complications, power outages, unforeseen extreme weather, acts of God, inability to attend and perform services due to illness, and any other situation beyond our control. In the event that unforeseen circumstances occur, we will use our best efforts to provide similar services in a timely manner. Our sole liability in any case shall be limited to a monetary amount no greater than the total money paid by our customer.
In no event shall we be liable for any lost data or content, lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the materials or the services provided by Willow Film Company, LLC, even if we have been advised or advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
INDEPENDENT CONTRACTOR. Our relationship with our clients and customers is one of an independent contractor. Our customers hire us for our creative and technical expertise in video production and we will provide equipment, personnel, and services to execute each project. In no way will we be recognized as employees or be perceived to have established a joint venture with our customers.
THIRD-PARTY VENDORS. We may utilize third-party vendors to provide necessary components for the services under the scope of these terms and conditions, including but not limited to crew and equipment, stock footage or images, stock graphics, animation or animation experts, videos, fonts, etc. We are not liable or responsible for the damages including but not limited to infringement claims, security issues, malfunctioning, lost profits, lost savings, or other incidental, consequential, or special damages or failure to perform as the result of actions or responsibilities of a third party vendor. We have no control, influence, or agency related to third-party vendors.
DISPUTE RESOLUTION. Conflict happens and our goal is to seek a win-win solution. In the event that a dispute occurs relating to these terms and conditions or the services in the scope of work, we expect our customers to work together with us in good faith first to resolve the matter internally, escalating to higher management if necessary, and then, if a resolution is not met, we will attempt mediation through the American Arbitration Association or other alternative dispute resolution company that may be agreed upon by both parties. By agreeing to these terms and conditions, our customers hereby waive any right to a trial by jury on any claim, demand, action, cause of action, or counterclaim arising under or in any way related to this agreement and under any theory of law or equity, whether now existing or hereafter arising.