In these terms and agreement, unless the context otherwise requires:
- Consumer means any individual who acquires Save Our Legacy services wholly or predominately for personal, domestic or commercial use.
- Customer means any person or entity requesting Save our Legacy to provide Services.
- Agreed Fee means the fees estimated by Save Our Legacy in any quotation once accepted by the Customer.
- Materials mean 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 Save Our Legacy for the purposes of Save Our Legacy supplying the Services.
- Raw Footage means master footage recorded by Save Our Legacy as part of provision of the Services.
- Services means video production and/or post production services.
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions, and dealings entered into by Save Our Legacy with any Customer in relation to the provision of Services by Save Our Legacy.
All work carried out by Save Our Legacy is on the basis that the Customer has agreed to these Terms and Conditions.
Price Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of Customer changes and/or revisions is included in each quotation.
If the Customer instructs Save Our Legacy that significant changes and/or revisions to the scope of the Services described in a quotation are required then Save Our Legacy shall be entitled to charge additional fees based on a further quotation.
All initial price quotations will be written on an invoice and presented to the Customer for verification, approval via email. The quotation is valid for 15 days. If signed within 15 days, the quotation is considered final and first payment will be due immediately.
If the Customer has engaged Save Our Legacy to provide Services on a specified date, the Customer may notify Save Our Legacy via email; cancellation(at)saveourlegacy.com (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). 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.
If the cancellation is made more than 48 hours prior to the day on which Save Our Legacy has been engaged to provide the Services, the Customer automatically forfeits 50% of the first payment.
If the cancellation is made within 48 hours prior to the day on which Save Our Legacy has been engaged to provide the Services, the Customer forfeits the entire first payment.
If the cancellation is made while Save Our Legacy is providing Services to the Customer, the Customer forfeits any funds paid toward video production and additional costs and/or outstanding invoices associated with production.
The Customer will pay to Save Our Legacy the Agreed Fee in the following manner: 50% of the Agreed Fee will be payable upon receipt of invoice and prior to the commencement of the Services (“the Deposit”); and The balance will be payable immediately upon approval of the final video; and Save Our Legacy will not commence any pre-production activities until Save Our Legacy has received the funds from the Deposit.
Variations (additional quotation applies)
Save Our Legacy will provide the Customer with one (1) ‘draft copy’ of an initial edited video file within 10-15 business days. The Customer must notify Save Our Legacy of all proposed changes within seven (7) days of receipt of the draft copy by the Customer. Once the seven (7) day review period for the “draft copy” has elapsed, Save Our Legacy may refuse to make any further changes.
Once the proposed changes have been made, Save Our Legacy will provide the Customer with a ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation.
The Customer must notify Save Our Legacy of any errors in the final draft copy within three (3) days of receiving the final copy. Once the three (3) day review period for ‘final draft copy’ has elapsed, Save Our Legacy may refuse to make any further changes.
The Customer acknowledges that some changes may not be possible.
Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for Save Our Legacy to film at a particular venue, location or event. This includes any parking passes, entry fees or other costs associated with filming at a particular venue for all production crew members.
If Save Our Legacy pays for any of these fees on the day(s) of filming, a separate invoice will be issued to the Customer to cover these costs. This invoice is due immediately.
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Save Our Legacy reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Save Our Legacy on request (see clause regarding – Variations above)
Save Our Legacy reserves the right to assign or sub-contract any Services that Save Our Legacy has agreed to perform for the Customer as it sees fit without Customer further consent to such assignment or sub-contract.
Project Delays and Client Liability
Any estimate of the date by which Save our Legacy will complete any part of the Services is contingent upon the Customer providing complete instructions to Save our Legacy and fully cooperating with Save Our Legacy until Save Our Legacy has ceased providing Services to the Customer.
Alternatively, the Customer must appoint a person who has complete authority to provide instructions to Save Our Legacy and respond to requests for feedback until Save Our Legacy has ceased providing Services to the Customer.
User Content and Intellectual Property:
Any pictures, images, music, and footage used in the video production of a video cannot infringe upon a third party’s intellectual property or copyrights. This is including, but not limited to brand images, such as logos or products displaying logos of another company or marks of the brand without the pre-authorized consent of that company.
Save Our Legacy will not be responsible or liable for any use of your Content in our site in accordance with these Terms and Conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
By agreeing to our terms and conditions, you grant Save Our Legacy and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Service and our related marketing and promotional activities. Each user represents and warrants that their User Content and our use of their User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Recorded Material Ownership
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Save Our Legacy until full payment is made for the Services.
Where Services remain unpaid or in the event that a final agreed payment is not made, Save Our Legacy reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Save Our Legacy will remain the property of the author or legal entity owning the copyright.
Storage and Transfer of Files
All footage will be captured in Hi-Definition (as standard) and stored on professional format digital media and transferred to Save Our Legacy offices;
All footage is retained at our studio on password-protected computer systems until completion of the post-production process;
The following files will be transferred to Customers for use on websites and broadcasts: .mov, .avi. At the Customer request, raw footage may be transferred per the clause “Recorded Material Ownership”.
To receive a copy of the raw footage, Customers must provide an external hard drive and pay for the shipping and handling costs of mailing the hard drive.
You indemnify, defend and hold harmless Save Our Legacy, and Save Our Legacy’s affiliates, officers, directors, employees and agents, from and against all third party claims, suits, proceedings, liabilities and costs (including reasonable attorneys’ fees) to the extent arising from or based upon (a) the individual users gross negligence or willful misconduct; (b) the individual’s breach of our Licensing terms, Cancellation and Rescheduling Policy, or any other terms of this here agreement in its entirety; (c) any claim that any mark, copyright, trademark, logo or other element of your business or organization or any Content or Material provided by the individual violates the trademark, patent, copyright or other rights of any third party; (d) the individual is in breach of these terms; (e) any claim that a Video contains false or misleading statements; (f) any claim related to the Video after the individual takes license of the Video; and (g) any claim that the Video or any part thereof violates any relevant advertising rules or regulations.
Limits to Liability.
EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL SAVE OUR LEGACY OR ITS AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT. ADDITIONALLY, IN NO EVENT SHALL SAVE OUR LEGACY’S AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEED THE ACTUAL AMOUNTS PAID UNDER THIS AGREEMENT.
Save Our Legacy reserves the right to amend these Terms and Conditions at any time. Amendments will be effective once posted on the Save Our Legacy website.
If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
Conflicts and Disputes
If a dispute arises out of or relates to this contract or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Virginia (County of Fairfax) or another location mutually agreeable to the parties.
The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in intellectual property and/or entertainment law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.