Terms and Conditions

1. This Videography Contract ("Contract") is made and entered into by THE CLIENT ("Client") and KAY VISUALS ("Company"), as of the date of acceptance by the client.

2. Services. The company shall provide the client with videography services based on the specific package selected.

3. Project Scopes and Deliverables. The company shall provide videography services according to the selected package, outlining specific offerings such as pre-production, filming, and editing. When booking, the deliverables will be clearly explained in the package description, detailing aspects like video length, format, and delivery timelines to ensure clients understand what to expect.

4. Total Cost. The company and the client agree to the total cost listed in the package description, confirming that the client accepts this amount as the final fee for the selected services. Add-ons selected will be charged as additional fees on top of the base price, and any coupons used for services will adjust the displayed base price, both of which will be reflected during checkout.

5. Compensation. The client will be required to make an initial payment of 50% of the total cost to secure the shoot date into our calendar. This payment will be due upon signing of this contract. The remaining balance will be due two days before the shoot. Reservation fees are non-refundable/non-transferable. In the event of the client cancelling the shoot for whatever reason, the booking fee is non-refundable. It will be considered as liquidated damages to the company.

6. Shoot Location and Time. The company and the client should be present at the specified location the client has selected and at the specified time the client has selected.

7. Travel. A travel charge of $75 will apply to all shoots located outside of Baltimore MD, Towson MD, White Marsh MD, and Pikesville MD. The client will cover any tolls and parking fees for local destination shoots. The client will cover all travel expenses, including any flights, ground transportation, parking, lodging, and food per diem ($75/day) for all out of state and international destination shoots.

8. Refunds. There is a strict no refund policy for services that have already been performed and delivered to the client.

9. Exclusive Agency and Conflict Resolution. It is agreed upon that KAY VISUALS shall be the sole and exclusive video production agency retained by the client for the shoot. The client shall be responsible for any conflicts with other video coverage agreements and for providing any necessary notifications to avoid such conflicts.

10. Permissions and Clearances. The client is responsible for obtaining all necessary permissions and clearances for locations, participants, and any copyrighted material involved in the videography project. This includes securing consent from individuals appearing in the video and ensuring that any locations used for filming are authorized for such activities. The company cannot be held liable for any legal issues arising from the client's failure to secure these permissions, and no refund will be given if the shoot cannot take place due to the client's lack of proper permissions and clearances.

11. Pre-Shoot Consultation. The client will outline broadly what is required and the company will help and advise where needed. If required, the client is welcome to connect with us 1-2 weeks before the shoot to iron out any remaining details.

12. Cooperation. The client and the company consent to happily cooperating and communicating with one another to achieve the best possible results within the understanding of this contract.

13. The Schedule. Our shooting schedule, style of working and experience are designed to achieve a great amount of content for the client, accomplished with good humor and enjoyed by all concerned. Both the client and the company therefore agree that punctuality and cheerful cooperation are essential to producing outstanding video results.

14. Rescheduling and Cancellation. The company will allow the client to reschedule one time. The client must reschedule within 72 hours of the date of the shoot. If the client does not, the client must continue with the current scheduled shoot. If the client decides to cancel the shoot, the shoot will be cancelled and a reschedule will not be granted. Upon cancellation, the client will be entitled to a refund of any monies paid, except for the non-refundable reservation fee. If the company must reschedule or cancel, the company will notify the client as soon as possible and will discuss a replacement or will refund the client for all monies paid.

15. Artistic Style. On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the company’s portfolio and is requesting services with knowledge of the company’s style and that the company’s work is constantly evolving; that the company’s services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment to create videos consistent with our vision of the shoot, which may be different from the clients and or the subject’s vision of the shoot. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or esthetic criteria.

16. Editorial Control. The client has critically viewed samples of company’s video work and hereby grants full production control to company for all aspects of the production and post-production services for the shoot. In the event a particular segment of the shoot is either not recorded, partially recorded, or not a part of the edited master tape, it is at the sole discretion of the company as the exclusive producer of the shoot video recording.

17. Video Deliverables and Revision Timeline. Turnaround times for video delivery, which can range from 3 to 14 days, are listed in the package description, with all videos provided in 1080p format (MP4 or MOV) unless otherwise discussed by both parties. The client will have the opportunity to review the video and provide feedback for revisions. The client will be allowed 1 free editing revision. After one revision, the client will be charged $75/hour for editing services. Any revisions requested by the client will be completed within a reasonable time frame, and all efforts will be made to meet any specific deadlines requested by the client.

18. Ownership and Use of Videos. The company reserves the right to use the videos produced under this agreement for display and promotional purposes. All video masters and raw footage shall remain the exclusive property of the company. The client may purchase raw footage for an additional fee. The video content taken by the company are for personal use by the client and their friends and relatives. Sale, publication, or any commercial use of the videos taken by the company is not allowed without prior written permission from the company.

19. Video File Retention. The client acknowledges and agrees that the company is not responsible for maintaining copies of the video files from this shoot for more than 30 days following the delivery of the videos to the client or after the videos have been confirmed by the client. The client is responsible for downloading and securely storing all video content on their own computer or device within 30 days of receipt.

20. Limit of Liability for Videographers. If the videographer is too ill or becomes injured and cannot supply the services specified above, then liability is limited to a refund of any payments received. The videographers have working methods in place to prevent loss or damage to your footage. However, there is the unlikely possibility that footage may be lost, stolen, or destroyed for reasons in or beyond our control. In these circumstances, liability is limited to the return of fees paid for the service or part thereof according to the percentage of footage supplied.

21. Limit of Liability for Video Content: The Company shall not be liable for any missed footage due to causes beyond their control, such as weather or equipment malfunction. The Client shall indemnify and hold the Company harmless from any claims, damages, or expenses arising out of the use of the final video. The Company will not be held responsible for any sound or audio issues that are beyond our control.

22. Lost/Damage/Stolen Items: The client understands that they or anyone they have assisting with the shoot is responsible for replacing any items lost, misplaced, stolen, or damaged if the company’s equipment is under their supervision.

23. Representations and Warranties. The client represents and warrants that it has the legal authority to enter into this agreement and that its performance under this agreement will not conflict with any other agreements to which the client is a party.

24. Indemnification. The client shall indemnify and hold harmless the company from and against any and all claims, damages, and expenses, including reasonable attorneys' fees, arising out of the client’s breach of this agreement or the services provided by the company under this agreement.

25. Dispute Resolution. Any disputes arising out of or related to this contract shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

26. Governing Law. This agreement shall be governed by and construed in accordance with the laws of Maryland.

27. Modification. This agreement may not be modified or amended except in writing signed by both parties.

28. Assignment. Neither party may assign this agreement without the prior written consent of the other party.

29. Waiver. The failure of either party to enforce any provision of this agreement shall not be deemed a waiver of future enforcement of that or any other provision.

30. Severability. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

31. Acceptance. By clicking to accept this agreement, the client agrees to the terms and conditions set forth above.

32. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether oral or written.

33. This contract is binding upon the parties, their respective successors, and assigns.

34. I/We have read the above terms and conditions and fully understand and agree to authorize Kay Visuals to produce the video content specified on the terms and conditions set forth on this contract.