Legal
Full Legal Terms
1. Definitions
In these terms and conditions, unless the context otherwise requires:
1.1. CLIENT means any individual who acquires FireBrand Media's services wholly or predominantly for personal, domestic or commercial use.
1.2. CUSTOMER means any person or entity requesting FireBrand Media to provide Services.
1.3. FIREBRAND MEDIA means FireBrand Media LLC.
1.4. Photographer/Videographer means a representative of FireBrand Media with a camera and/or equipment, taking photo(s) or recording video(s) with audio.
1.5. Digital assets means still images or video images.
1.6. Agreed Fee means the fees estimated by FireBrand Media in any quotation once accepted by the Customer.
1.7. Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to FireBrand Media for the purposes of supplying the Services.
1.8. Raw Footage means master footage recorded by FireBrand Media as part of provision of the Services.
1.9. Services means still photo/video production and/or video marketing services and/or post-production services. This includes video SEO services, social media video production and social media video marketing services.
1.10. Job means the time when services are being provided.
1.11. Deposit means the non-refundable advance payment made by the Customer to secure production dates on the FireBrand Media calendar, equal to 50% of the Agreed Fee unless otherwise specified in writing.
1.12. Standard Booking means any engagement requiring a single production day.
1.13. Multi-Day Event Booking means any engagement requiring two (2) or more consecutive or non-consecutive production days for a single project, event, or conference.
2. Application
2.1. These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by FireBrand Media with any Customer in relation to the provision of Services.
2.2. All work carried out by FireBrand Media is on the basis that the Customer has agreed to these Terms and Conditions.
3. Client Contract
If the Customer is a Client:
3.1. These conditions do not affect any rights the Customer has under applicable State and Federal law; and
3.2. These conditions do not affect the laws in force in the place in which the contract is made prior to the contract.
4. Co-operation
4.1. Unless otherwise noted, FireBrand Media, its associates, or employees will be the exclusive Photographer/Videographer(s) at the job. The Customer(s) agree that good faith co-operation and communication between them is important in obtaining a good result. Customer(s) must also notify FireBrand Media and photographer/videographer(s) in writing if they wish to have anything photographed in a particular way. FireBrand Media or the photographer/videographer(s) will not be held accountable for not photographing desired photo(s)/video(s) if there is no one to assist in identifying these particular details on the day. FireBrand Media is not responsible if key individuals fail to appear or cooperate during photography, or for missed photograph(s) due to details not revealed to FireBrand Media or beyond the photographer/videographer(s) control.
5. House Rules
5.1. Customer(s) agree and understand that the photographer/videographer(s) are limited by the guidelines of the location site/venue management/government rules and Customer(s) agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the Customer(s) responsibility. If Customer(s) appear under the influence of alcohol or drugs during the job, FireBrand Media has the right to cancel the shoot immediately due to liability and health concerns.
6. Photograph(s) and Copyrights
6.1. Photograph(s) produced by FireBrand Media or the photographer/videographer(s) are protected by Copyright Law (all rights reserved). Upon final payment by Customer(s), Customer(s) are allowed to display resulting photograph(s) for personal use. Said photograph(s) may not be altered or reproduced in any manner without prior written permission of FireBrand Media. Customer(s) will receive the finished photograph(s) in high resolution via digital delivery with printing rights. When publishing the photos socially or commercially, FireBrand Media must be noted as the photographer. The Customer(s) must obtain written permission from FireBrand Media prior to selling the photograph(s).
6.2. FireBrand Media does not provide any unedited photograph(s) to Customer(s) as it does not represent the quality FireBrand Media strives for. FIREBRAND MEDIA's edited photograph(s) may include but are not limited to colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and artistic flare. Retouching/photoshopping/VFX is a separate service available upon request at additional charge unless discussed at time of booking.
7. Quotations
7.1. Quotations are calculated by the pricing plan chosen and/or extra services agreed to under typical circumstances and are based on the project. One round of Customer changes and/or revisions is included in each quotation.
7.2. If the Customer instructs FireBrand Media that significant changes and/or revisions to the scope of the Services described in a quotation are required, then FireBrand Media shall be entitled to charge an additional Agreed Fee based on a further quotation.
8. Cancellation
8.1. If the Customer has engaged FireBrand Media to provide Services on a specified date, the Customer may notify FireBrand Media in writing (during normal business hours) that the Customer does not require the Services to be provided on that date ("the cancellation").
8.2. If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
8.3. Non-Refundable Deposit. All Deposits paid by the Customer are non-refundable once production dates have been confirmed on the FireBrand Media calendar. The Deposit compensates FireBrand Media for calendar availability held, crew scheduling commitments, and business opportunities declined during the booking hold period.
Standard Bookings (Single-Day Productions)
8.4. If the cancellation is made fourteen (14) or more days prior to the scheduled service date, the Customer is entitled to a refund of all payments received minus the non-refundable Deposit. FireBrand Media may additionally deduct documented expenses incurred in preparation for the Services.
8.5. If the cancellation is made four (4) to thirteen (13) days prior to the scheduled service date, the Customer must pay fifty percent (50%) of the Agreed Fee.
8.6. If the cancellation is made within seventy-two (72) hours of the time at which FireBrand Media has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
8.7. If the cancellation is made while FireBrand Media is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
Multi-Day Event & Conference Bookings (2+ Production Days)
8.8. If the cancellation is made thirty (30) or more days prior to the first scheduled service date, the Customer is entitled to a refund of all payments received minus the non-refundable Deposit. FireBrand Media may additionally deduct documented expenses incurred in preparation for the Services.
8.9. If the cancellation is made fifteen (15) to twenty-nine (29) days prior to the first scheduled service date, the Customer must pay fifty percent (50%) of the Agreed Fee.
8.10. If the cancellation is made within fourteen (14) days of the first scheduled service date, the Customer must pay the Agreed Fee in full.
8.11. If the cancellation is made while FireBrand Media is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
General Cancellation Provisions
8.12. Any amount payable or refundable pursuant to clauses 8.4 through 8.11 must be settled within thirty (30) days of the cancellation.
8.13. FireBrand Media reserves the right to deduct from any refund the cost of documented expenses already incurred in preparation for provision of the Services, including but not limited to crew scheduling, equipment reservations, travel arrangements, and pre-production activities.
8.14. The classification of a booking as Standard or Multi-Day Event shall be determined at the time of contract execution and stated in the signed agreement.
9. Payment
The Customer will pay to FireBrand Media the Agreed Fee in the following manner:
9.1. 50% of the Agreed Fee will be payable prior to the commencement of the Services ("the Deposit"); and
9.2. The balance will be payable within 7 days of the date of any interim or final invoices submitted in respect of the Services; and
9.3. FireBrand Media will not commence any pre-production activities until the Customer has paid the Deposit.
9.4. If any FireBrand Media invoice or part thereof is not paid within 7 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate of 1.5% per month or the maximum rate permitted by applicable Texas law, whichever is less.
10. Variations
10.1. FireBrand Media will provide the Customer with one (1) 'draft copy' of an initial edited file. The Customer must notify FireBrand Media of all proposed changes within seven (7) days of receipt.
10.2. Once the proposed changes have been made, FireBrand Media will provide the Customer with a 'final draft copy' for verification purposes only. No new changes may be requested unless the Customer purchases another variation.
10.3. The Customer must notify FireBrand Media of any errors in the final draft copy within seven (7) days.
10.4. Once the seven (7) day review period for both copies has elapsed, FireBrand Media may refuse to make any further changes.
10.5. The Customer acknowledges that some changes may not be possible.
11. Venue Location Fees & Permissions
11.1. The Customer must obtain any necessary consent or permission and pay any fees which may apply for FireBrand Media to film at a particular venue, location or event.
12. Artistic Licence
12.1. The Customer acknowledges and agrees that editing and the production of finished works may include elements of artistic expression and interpretation. FireBrand Media reserves the right to use 'Artistic License' in any commissioned works. Re-editing is offered as an optional extra by prior arrangement.
13–19. Customer Materials, Acknowledgements, Model Release, Completion Schedule, Warranties, Delays & Sub-Contracting
13.1–13.4. All Materials are used and stored at the Customer's risk. FireBrand Media is not liable for loss except through negligence. The Customer must retain master copies of all recordings delivered.
14.1–14.3. No title or copyright transfers until full payment. Customer is entitled to finished works upon full payment but not working files. Content views expressed in finished works are solely those of the Customer.
15.1. The Customer grants FireBrand Media the irrevocable right to use photograph(s) of the job for editorial, trade, advertising or any other purpose.
16.1. Photograph(s) are expected to be edited within 1-2 weeks after the shoot date.
17.1–17.3. The Customer must obtain all necessary permissions for Materials used. The Customer indemnifies and holds FireBrand Media harmless from any claims related to the Customer's content.
18.1–18.3. Completion estimates are contingent upon the Customer providing complete instructions and cooperation. Customer must appoint a contact person available on business days.
19.1. FireBrand Media reserves the right to sub-contract any Services as it sees fit.
20. Recorded Material
Ownership
20.1.1. Raw Footage, video files, audio files and edited video files including all copyright remain the property of FireBrand Media until full payment is made.
20.1.2. Where Services remain unpaid, FireBrand Media reserves the right to withhold all recordings and use them for promotional or commercial purposes.
20.1.3. Copyright in all video, photograph(s), audio, lyrics or musical composition recorded by FireBrand Media equipment will remain the property of the author or legal entity owning the copyright.
Special Provisions & Disposal
20.2.1–20.2.2. FireBrand Media reserves the right to retain ownership of anomalous material and to use edited or unedited files for promotional purposes unless an alternative arrangement is made.
20.3.1. All files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased.
20.4.1. Raw Footage may be purchased by the Customer in viewable format for an additional fee.
21. Equipment Failure or Illness
21.1. FireBrand Media will not be liable for any compensation except return of any Deposit paid, should a failure occur in equipment used or due to illness of persons employed by FireBrand Media or because of an unforeseen event.
22. Right of Refusal or Termination
22.1. FireBrand Media reserves the right to terminate the provision of Services if there is an actual or apparent risk of injury to any person(s) employed or contracted, or risk of equipment damage.
22.2. If FireBrand Media terminates pursuant to clause 22.1, any Deposit paid is non-refundable.
22.3. FireBrand Media may seek compensation from the Customer for any loss or damage suffered.
23. Limitation of Liability
23.1. Except to the extent of Non-excludable Rights under applicable State and Federal law, FireBrand Media will not be liable for:
23.2. Any claim relating to or arising from clauses, conditions, guarantees and warranties express or implied, and any representations not expressly confirmed in writing.
23.3. Where permitted by law, liability is limited to the supply of the service again or payment for the cost of having the services supplied again.
23.4–23.8. FireBrand Media is in no circumstance liable for increased costs or expenses, loss of profit, revenue, business, contracts or anticipated savings, any loss from a third-party claim, or any special, indirect or consequential loss or damage.
24. Force Majeure
24.1. If FireBrand Media cannot carry out an obligation under the Contract due to anything outside its reasonable control — including without limitation fire, flood, storm, earthquake, explosion, accident, road closures, war, terrorism, sabotage, epidemic, pandemic, quarantine restriction, labour dispute or shortage, or act or omission of any third person or public authority — then obligations under the Contract will be suspended for the duration or waived to the extent applicable.
25. Legal Costs
25.1. The Customer will be liable for any legal costs incurred by FireBrand Media in the recovery of unpaid invoices on an indemnity basis.
26. Privacy
26.1. All information received by FireBrand Media from the Customer will be kept confidential. Private information will not be divulged or distributed to any third party without the Customer's consent.
27. Governing Law
27.1. The laws of Texas apply to the Contract and the Customer must bring any proceedings against FireBrand Media in a Texas Court.
27.2. If a condition or part of a condition is unenforceable, it must be severed and does not make the rest of the Contract unenforceable.
27.3. FireBrand Media is not bound by any waiver, discharge or release unless it is in writing and signed by or for FireBrand Media.
28. Amendment
28.1. FireBrand Media reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.
