Terms of Service
Services Provided
FramePerfect Media provides photo content, video content, digital marketing services, and marketing consultation suitable for businesses (Clients) that aim to fulfill the business’s (Client’s) marketing objectives. Personal projects, including but not limited to weddings, graduation photos, and other media projects also apply to FramePerfect Media’s Terms of Service.
The Client understands that by confirming their contract, they have read and accepted the Terms of Service stated on this page. The following terms and conditions are applicable for Clients that have received an invoice from FramePerfect Media.
Photography, Videography, and Audio Production
Shooting & Recording
FramePerfect Media will visit the Client’s place of business to shoot and/or record media in digital formats.
Payment
One-half (1/2) non-refundable retainer will be made upon completion of the booking, within seven days, unless otherwise discussed. If the date(s) of the event falls before seven days upon completion of the booking, the non-refundable retainer is due one day prior to the date(s) of the event. No services will be performed if payment is not received prior to the event.
Complete payment will be made upon completion of the full production product. The production product will not be provided until payment is received in full.
Editing, Revisions, and Point of Contact
Productions might go require additional time on site. Given that FramePerfect Media has freedom in their schedule, the Client may add one additional hour to their production for $100.
Productions are edited in a realistic portrayal of the scene in terms of color unless specified in the deliverables of the Client. Modifications to body shape are not included with production. There are no revisions allowed to photo productions unless FramePerfect Media sees fit.
Video Productions are subject to 2 revisions. Errors in spelling/technical errors do not count towards a revision. Revision elements typically constrain the following:
The music choice is appropriate
The clips are in order
Graphics used are up to the satisfaction of the Client
FramePerfect Media will provide watermarked drafts of the production. The Client will then have five business days to notify FramePerfect Media of requested revisions (edits). Any additional revisions (edits) past the agreed package limit will incur an additional cost of $100 per extra revision. If no communication persists after 5 business days, an invoice will be sent to the Client for final payment for the final production. In the event that final production products need to be revised after final payment, the Client will be charged at an hourly rate of $100 for the completion of the revised final production product.
The Client will appoint a point of contact that will communicate any revisions to FramePerfect Media. This point of contact will be the only individual that FramePerfect Media will adjust photo/video productions in accordance with revision instructions.
Travel Fees and Expenses
When applicable, the Client is responsible for all travel, accommodation, meal, and transport costs unless provided by the Client. FramePerfect Media reserves the right to charge the Client travel fees that will be discussed with the Client and applied when deemed applicable, based on, but not limited to charges incurred while traveling to the production location (such as hotel, airfare, rental car, gas, meals, supplies, etc), and compensation for time spent by FramePerfect Media employees or assistants (producers) traveling to the production location.
A full meal is to be provided to the producers of FramePerfect Media in a location of the Client’s choice/venue’s recommendation per day of production. FramePerfect Media and the Client will agree on an appropriate time the producers may eat.
Large or long-term productions are subject to additional expenses based on budget or equipment needs.
Retainers and Cancellation Policy
The retainer paid at the completion of the booking is non-refundable. If the Client cancels the terms of this contract more than 7 days prior to the event date, the remaining charges will not be owed and all payments already made above the retainer will be refunded less material charges incurred up to the time of cancellation. If the Client cancels less than 7 days prior to the event date, all payments agreed upon in this contract will still be owed to FramePerfect Media by the Client, unless otherwise agreed upon.
Warranties and Guarantees
FramePerfect Media shall provide its services and meet its obligations under this terms of service in a timely and professional manner, using knowledge and recommendations for performing the services that meet generally acceptable standards in FramePerfect Media’s community and region and will provide a standard of care equal to, or superior to care used by service providers similar to FramePerfect Media on similar projects.
FramePerfect Media guarantees the quality of the final production product. The final post-production, editing styles, effects, and overall look of the images are left to the discretion of FramePerfect Media.
Rescheduled Dates
If the Client’s original event date is postponed, FramePerfect Media is committed to working with the Client to make the rescheduling process as smooth as possible. FramePerfect Media will provide the Client with updated booked dates as often as requested. If the new event date is set for a date on which FramePerfect Media is already booked or otherwise unavailable, the retainer fee already paid by the Client for the original date will be forfeited. If the new date is set for a date on which FramePerfect Media is available, the Client will have priority to book the new date, and the retainer fee paid for the original date will apply towards the new total.
Reshoot and Rework
At the Clients’ discretion, reshooting and rework may be performed if there is equipment loss or failure causing a partial or total loss of the production product free of charge.
At the Clients’ discretion, the Client may forgo a reshoot and elect a refund proportional to the loss of work.
Completion Schedule
Unless in writing, FramePerfect Media guarantees at maximum a 4-6 week turnaround time from the date of production.
If delivery of the work product exceeds six weeks from the date of production, one-quarter 1/4 of the final cost per week will be refunded back to the Client up to and no more than 100%.
This provision is void if the work product is complete within 4-6 weeks but the Client has not yet paid for delivery.
Venue and Location Rules
FramePerfect Media and its producers are limited by the guidelines of the venue, location, and event officials/management. The Client agrees to accept the technical results of their imposition on FramePerfect Media. Negotiation with the officials for moderation of guidelines is the Client's responsibility; FramePerfect Media will offer technical recommendations only.
Permits
The Client is responsible for acquiring all permits and necessary permission for all locations in which FramePerfect Media will be performing services.
Production Product Ownership
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Production Product”) developed in whole or in part by FramePerfect Media in connection with the services will be the exclusive property of FramePerfect Media. The Client is granted exclusive licensure to utilize the production product for their exclusive business use or personal use. Reselling, redistributing, printing, modifying, or editing of the production product is prohibited without the express consent of FramePerfect Media in the contract or hereafter. The Client agrees to credit FramePerfect Media anytime FramePerfect Media’s production product is shared in a public setting unless otherwise agreed upon.
With FramePerfect Media’s copyright ownership of the production products and their raw files, FramePerfect retains the right to sell raw photo files and video files from production products to stock photography and stock video websites.
FramePerfect Media is not liable to deliver every image or video taken during the time of production. The determination of images or video delivered to the Client is left to the discretion of FramePerfect Media.
Purchasing Raw Files
Upon request, the Client may purchase the raw files of the production product for an additional payment and obtains a license to use the raw files in their own internal marketing. The Client is responsible for the purchase of external hard drives and shipping costs, if applicable. For production products created externally from FramePerfect Media using raw files from FramePerfect Media, FramePerfect Media prohibits the Client from crediting FramePerfect Media for these works.
Purchasing Additional Licensing
Upon request, the Client may purchase additional licensing that suits their business and personal needs for an additional payment.
Purchasing Copyrights
Upon request, the Client may purchase the rights to any copyrightable works for an additional payment.
Storage of Raw Files and Final Production Products
After delivery of final production products, raw files and final production products are subject to deletion by FramePerfect Media. Upon request, the Client may purchase storage options that hold these files on FramePerfect Media’s storage devices.
Release of Image For Use
The Client and each undersigned understand that during this activity, the party of the Client and the undersigneds may be photographed or filmed. The Client and each undersigned hereby grant permission to FramePerfect Media to photograph and record the party and the undersigned’s voice, likeness, performances, poses, acts, plays and appearances, and use my picture, photograph, silhouette, and other reproductions of the undersigned physical likeness and sound as part of the production and the unlimited distribution, advertising, promotion, exhibition and exploitation of the Film by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited, without compensation to the Client, party, or undersigneds except as otherwise may have been agreed to in a signed writing between the Client and FramePerfect Media.
The Client and each undersigned affirm that neither the undersigneds, nor the Client, nor the party, or anyone else acting for the party or undersigneds, gave or agreed to give anything of value to any of your employees or any representative of any television station, network, or production entity for arranging the undersigneds appearance in the production.
The Client and each undersigned agree that the party and each undersigned will not assert or maintain against the Released Parties, any claim, action, suit, or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity, or other civil rights, or for any other reason in connection with your authorized use of the undersigneds physical likeness and sound in the Picture as herein provided.
The Client and each undersigned hereby release FramePerfect Media from and against any and all claims, liabilities, demands, actions, causes of action(s), costs, and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which the party and the undersigneds ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of your use as herein provided.
The Client and each undersigned agree to allow the party and the undersigned photo, video, or film likeness to be used for any legitimate purpose by FramePerfect Media, the event holders, producers, sponsors, organizers, and assigns.
Image/Shot Requests
Due to the unpredictable and uncontrollable nature of any production, FramePerfect Media can make no guarantees regarding the delivery of any specific images or video, though the producers of FramePerfect Media will make every reasonable effort to meet the desires of the Client. To that end, if specific video shots are requested, FramePerfect Media will work with the Client, discuss, and notate any critical shots. The Client and FramePerfect Media will have a written list of people, groupings, or other shots that they feel are most important to them and allow for assistance in coordinating those shots to happen on the day of production. It is the sole responsibility of the Client to point out VIP guests to FramePerfect Media producers and request special shots of them on the day of the production. FramePerfect Media shall not be held liable or responsible for any persons present at the wedding or reception that were not videoed.
Consultation & Editing
Hourly Payment Amount
Hourly rates are billed for every hour of work performed toward the completion of the production product.
Complete payment will be made upon completion of the service. Editing projects will not be delivered unless payment is received in full.
Digital Marketing
Long-Term Service and Payment Amount
FramePerfect Media is able to provide digital marketing services that supplement Productions. Digital Marketing Services constitute Facebook, Instagram, and/or YouTube Ads.
Advertising/Marketing material will be delivered and active as it is completed.
Long-term service payments will be made once a month prior to the first day of every subsequent month. The first payment is due upon completion of the booking, within seven days. The sum of payment is calculated by dividing the sum of the service to the package selected (1 month, 6 months, 12 months).
Payment for the long-term service is guaranteed by the Client for the specified length of time (1 month, 6 months, 12 months) regardless of use or cancellation of services. This provision will continue to be effective after the termination of the contract.
In addition to any other right or remedy provided by law, if the Client fails to pay for the services when due, FramePerfect Media has the option to treat such failure to pay as a material breach of this contract and may cancel this contract and/or seek legal remedies.
Responsibility for Digital Marketing Services
FramePerfect Media is only responsible for account creation and monthly management of Facebook Ads, Instagram Ads, and Google Ads (YouTube Ads) accounts, including campaign creation, budgeting strategy, ad placement, targeting options, ad copy, and comment management.
Payment for Social Media Ads and Third-Party Tools
For Clients purchasing Facebook Ads services or Google Ads services, the Client is responsible for payment to Meta Platforms, Inc. (Facebook) and Google Inc. (YouTube) for advertisements in accordance with the platform. The Client agrees and understands that FramePerfect Media is not responsible for the payment of these advertisements, and the Client is responsible for providing their own credit card/alternate payment method to Google, Inc. and Meta Platforms, Inc. in order to run advertising campaigns. If the Client stops advertisements at any time without prior notice to FramePerfect Media, FramePerfect Media is not held responsible for maintenance unless advertisements are reactivated.
Social Media Ad Success Rates
FramePerfect is to design advertising campaigns to the best of their knowledge but does not guarantee the success of any ads. Failure with Social Media Ads can happen due to many reasons such as higher bidding by competitors, shortage of Client funds, technical reasons, human error, or acts of nature. The Client agrees that success rates on Google, Inc. and Meta Platforms, Inc. is variable and that FramePerfect Media and its subcontractors will be held harmless, be protected, and be defended by the Client from any lawsuit(s).
Google Tools, Google Ads, and Facebook Ads Refund Policy
No refunds will be made on Facebook Ads and Google Ads (YouTube Ads) platforms. FramePerfect Media is not responsible for ad violations that are found on the Client’s website/account/channel that are not in accordance with Facebook Ads and Google Ads policies. The Client understands that FramePerfect Media has no control over the Client’s website, and only the Ad Accounts associated with Facebook and Google (YouTube). FramePerfect Media will not be held liable for any performance issues, damages, sales, web visitors, online web traffic, bidding, or any related issues with Google Ads or Facebook Ads.
Third-Party Modifications
Clients may find the need to independently edit their advertising campaigns to control costs and avoid further expenses. The Client agrees that once FramePerfect Media completes the development for the Client’s services and the Client or an agent of the Client other than FramePerfect Media attempts to update services that were previously rendered by the FramePerfect Media and impairs the ability for the services to display or function properly, then time to repair the will be assessed at the hourly rate of $100.
FramePerfect Media’s Right to Cancel
FramePerfect Media reserves all rights to terminate our provision of service to the Client at any time. In the event of our cancellation, any deposit/retainer will be fully refunded. Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
Client Rights to Cancel
The Client reserves all rights to terminate the provision of our services at any time. In the event of any cancellation on the Client’s behalf, all deposit payments are non-refundable upon active contracts.
Entire Understanding
These terms thereto constitute the sole Agreement between the FramePerfect Media and the Client regarding any development provided by the FramePerfect Media for the Client. It becomes effective immediately upon engagement of services from FramePerfect Media or buying any services from FramePerfect Media. It is in the spirit of this Agreement that this will be a mutually beneficial arrangement for the Client and FramePerfect Media. Both parties warrant that they have read and understood the terms outlined in these Terms of Service.
Revisions to These Terms of Service
FramePerfect Media reserves the right to revise, amend, or modify the Terms of Service and other Terms of Use, Privacy Policies, and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Service.