Service Terms & Conditions
In order to confirm and hold a shoot date, a deposit is required.
A booking is confirmed upon acknowledgement of receipt of the signed and approved final estimate from the client, containing specific payment terms & dates. Until the approved and signed estimate has been received and acknowledged, the booking is not confirmed.
TIME OF PAYMENT & LATE PAYMENT FEES
Client shall pay EDMA Productions for the work performed hereunder as set forth on the applicable approved estimate. Delays resulting from the late payment of Client may result in an adjustment in fees by EDMA Productions. All rights of the Client herein are conditioned on EDMA Productions receipt of full payment. In addition, EDMA Productions may suspend performance of services and withhold delivery of materials until payment is made in full of all amounts due. EDMA Productions shall not be liable for any damages, losses or liabilities that may arise out of EDMA Productions suspension of performance and/or withholding of materials due to Client’s non/late-payment. Late payments shall accrue interest at the rate of 10% per month. EDMA Productions shall be entitled to all of its costs of collection of amounts outstanding hereunder, including without limitation, the fees of its attorneys.
All shoot periods are pre-arranged at the time of booking based on a standard 10-hour shoot day. Crew time begins promptly at the designated starting time and ends promptly at the designated ending time. Time includes set up and break-down. If early or extended hours are known prior to shoot, these extended hours must be worked out and paid for in advance before shoot period begins. Overtime on day of shoot begins after 10 hours from the designated start time at a standard €250/hour overtime rate and will include crew overtime rate [amortized from their day rate for 10 hour day and billed at 1.5x their hourly rate]. EDMA Productions does not reserve the requirement to inform client prior to overtime rates and client should be aware of the time schedule. Set-up must be cleaned and vacated by the end of the rental period.
LEGAL CLEARANCES & INDEMNIFICATION
The Client is responsible for obtaining all legal clearances required for the performance of services hereunder. The Client shall indemnify, defend (at its own cost and expense) and hold EDMA Productions and its employees and agents harmless from and against any and all claims, suits, demands, damages, losses and expenses arising from any breach, misrepresentation or other act or omission of the Client and/of EDMA Productions, in all circumstances.
LIABILITY OF EDMA PRODUCTIONS
EDMA Productions shall not be held responsible for delays or nonperformance caused by activities or factors beyond its reasonable control, including delays and nonperformance caused by viruses, denial of service attacks, other acts or omissions by third parties, Internet service providers, the Client or its contractors, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism, failure by the Client to timely furnish information or approve or disapprove work, or faulty performance by the Client or others, including third-party contractors hired by EDMA Productions or by Client. EDMA Productions shall not be liable for any indirect, third-party, incidental, special, consequential, exemplary or punitive damages arising out of this Agreement. EDMA Productions maximum liability under this Agreement shall not exceed the total fees received by it hereunder.
AGE OF MODELS
Client is solely responsible for verifying that all subjects are of legal age or accompanied by a parent or legal guardian. EDMA Productions has no responsibility to determine or verify the age of participants in the Client’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if EDMA Productions becomes aware that legal age violations are occurring. EDMA Productions is not liable in the case of an invalid ID or any other form of age verification.
No refunds on cancellations made 72 hours prior to the shoot date. All refunds, if any, will be made by direct deposit once Clients payments and deposits have cleared EDMA Productions account. If EDMA Productions must cancel Clients reservation, the Client will be given, in EDMA Productions sole discretion, in rescheduling either partial, none or full refund. EDMA Productions is not liable for acts out of its control that affect the shoot, such as building equipment failures, power outages, weather, acts of God or emergencies. In such cases, EDMA Productions will refund a prorated portion of Client’s payment at EDMA Productions sole discretion.
In order to avoid miscommunication, the Client shall appoint a sole representative with full authority to provide or maintain any necessary information and approvals that may be required by EDMA Productions. The Client Representative shall be responsible for coordination and review of EDMA Productions services and notifying EDMA Productions of Client instructions, change orders and approvals. The signature or e-mail approval of the Client Representative shall be final and binding on Client. If after the Client Representative has approved an order, the Client or any authorized person alters the scope of work or requires additional services, the Client shall pay all fees and expenses arising from such changes and additional services as set forth in section above.
APPROVAL OF WORK
Work will not commence until the signed approved estimate has been received. Within five business days following receipt of any deliverables, the Client will provide EDMA Productions with either (1) written approval and acceptance of such deliverables (which will not be unreasonably withheld), or (2) a written list of reasonable revisions that will bring the deliverables into compliance with the Approved estimate. Each deliverable hereunder will be deemed accepted by the Client if, within five business days of its delivery to the Client, the Client does not receive the foregoing written notice. EDMA Productions, in the course of the provision of the Services, will constitute EDMA Productions authority to purchase, publish, and make contracts for talent, space, time and other facilities and otherwise to do any other act or thing which EDMA Productions considers reasonable in order to carry out its obligations under this Agreement or any approved estimate. EDMA Productions will be obliged to commit to any expenditure on behalf of the Client without first receiving written confirmation of the Client’s instructions and EDMA Prodctions will not be responsible for the consequences of booking decisions made.
RIGHTS, OWNERSHIP, AND USAGE
Subject to EDMA Productions receiving full payment under this Agreement, EDMA Productions assigns to the Client, without representation or warranty, all rights, title and interest to work and services performed. EDMA Productions may have in any work specifically created by EDMA Productions for the Client pursuant to this Agreement, except that:
(1) EDMA Productions may use and distribute such work as part of its portfolio for promotional purposes;
(2) EDMA Productions shall own and retain all rights to any and all concepts, ideas, designs, proposals and other work and materials (collectively, “Work”) which have been presented to the Client but not included in the final work product;
(3) EDMA Productions shall own and retain all rights to any images, motion files, and other files and features incorporated into or utilized by the Work.Unless the parties agree otherwise in a written and signed approved estimate, EDMA Productions shall retain ownership of any and all assets, including any and all associated intellectual property rights.
(4) If the Client desires to utilize any of the Work, whether accepted or rejected by the Client hereunder, for any marketing campaign, promotion, product, service, advertisement or any other purpose outside the scope of this Agreement, the Client must inform EDMA Productions, in which additional usage fees may apply.
Any services outside the initially agreed upon estimate or changes to previously approved work requested by the Client shall be the subject to additional fees to be approved in writing by both parties. Each such additional Change of Scope is hereby incorporated herein by this reference including any additional equipment, services, catering, beverages, staff, vendors or modifications to the approved estimate.
Client will be notified for approval of any additional expenses in excess of more than twenty percent (20%) of those set forth in the original approved estimate. At EDMA Productions discretion, Client shall reimburse EDMA Productions for these additional expenses. Where applicable, EDMA Productions will invoice Client for all fees related to acquisition of talent or talent services in advance and will only secure talent services upon receipt of all such fees from Client.