|Terms and Conditions
Updated: February 4, 2009
A. Deposit and Payment. The Client shall make a 50% deposit to retain Cool Dog Productions (hereinafter "CDP") to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay on or before the date of the final delivery, Client shall be in default hereunder and shall pay 10% interest on the unpaid balance until payment is made in full and shall be liable to CDP for all costs of collection, including attorney's fees.
B. Cancellation. If the Client shall cancel this Agreement 31 or more calendar days before the 1st session date, any deposit paid to the CDP shall be refunded in full. If Client shall cancel within 30 days of the 1st session date, liquidated damages may be charged in a reasonable amount not to exceed the deposit, and the parties shall have no further duties to each other and this contract shall become void.
C. Video Materials. All video created by CDP shall be the exclusive property of CDP. CDP shall make either the unedited or the edited video available to the Client for the purpose of review and ordering copies. The Client shall not possess any copy of the video from CDP unless payment has been made in full pursuant to this Agreement.
D. Copyright and Reproductions. CDP shall own the copyright in the video created and shall have the exclusive right to make copies. CDP shall only make copies for the Client or for its own portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for viewing within or on the outside of CDP's studio. If CDP desires to make other uses, CDP shall not do so without first obtaining the written permission of the Client.
E. Client Usage. The Client is obtaining copies for personal use only, and shall not sell said copies or authorize any reproductions thereof by parties other than CDP.
F. Failure to Perform. If CDP cannot perform this Agreement due to hazardous weather, act of God, or other cause beyond the control of the parties, or due to the Videographer's illness, then CDP shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that the video is lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of CDP. In the event that CDP fails to perform pursuant to the terms of this Agreement for any other reason, including but not limited to problems with exposure, editing, duplication, or delivery, CDP shall not be liable for any amount in excess of the retail value of the Client's order.
G. Videographer. CDP may substitute another videographer to take the video in the event the designated videographer assigned by CDP shall be unavailable due to illness or scheduling conflicts. In the event of such substitution, CDP warrants that the videographer taking the video shall be a competent professional.
H. Credit. CDP reserves the right to place a credit line at the beginning or end of the video as well as on the cassette or DVD or any packaging.
I. CDP's Standard Price List. The charges in this Agreement are based on CDP's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
J. Client's Originals. If the Client is providing CDP original photos or video to CDP for duplication or any other purpose, in the event of loss or damage CDP shall not be liable for an amount in excess of $10.00 per photo and $25 per video. Excepting disclaimer below regarding deliveries of originals.
K. Miscellaneous. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts and any action to enforce this Agreement shall only be litigated in a court of competent jurisdiction within the Commonwealth.
L. Rescheduling Fee. If any session is cancelled or rescheduled, client shall give CDP at least 48 hours advanced notice of such changes and will be subject to availability. Rescheduling sessions requested with less than 48 hours notice will be subject to a $100.00 additional fee.
M. Site Authorization. Prior approvals for shooting time in a birthing facility are the responsibility of the client and must be obtained and forwarded to CDP no later than 4 weeks prior to anticipated due date.
A. The CDP Satisfaction Guarantee: Following receipt of balance due upon delivery of your video, if you are not completely satisfied, the video/DVD must be returned to us within seven (7) business days in order to schedule a re-edit session at no extra charge.
B. If we are unable to comply with the terms listed, for any reason, we will issue a refund check to you in the amount of payments listed on this Agreement. We assume no liability other than refunding payments listed, nor can we assume liability for damage or loss of videos, recorded music, or anything sent to or from CDP by mail or courier service. We strongly suggest you insure anything you send to us.
C. Videotaping and editing is done at our discretion. If you request additional videotaping or editing, you may be billed separately. Additional costs including tolls, parking fees, travel, and/or lodging may be billed separately.
D. CDP reserves the right to use your original video and audio for promotion, publication, and any legal purposes. Original videotapes and edited master tape remain the property of CDP. Original tapes will be stored for not less than 6 months from the date of production and the edited master tape will be stored for not less than two years. No video or DVD, completed or uncompleted, may be delivered until the balance is paid in full. The final payment is due upon notice of completion prior to shipment of the videotapes or DVDs. We do not accept personal checks for final payment.
CDP is not liable for any lost, misplaced or damaged deliveries. All packages are delivered by standard Federal Express ground delivery.
III. Payment Information
Payment for production shall be made as follows: fifty percent (50%) down payment is due when you hire CDP. The final payment is due when you receive notice that your videos and DVDs are complete and prior to delivery.