TERMS + CONDITIONS
1. By accepting a proposal or quote from us, you're saying ‘Yes, I agree!' to the Terms and Conditions below. Any opinions, or objective or subjective criticism of the creative content will not influence the terms + conditions, the proposal, the agreed production dates, the total project fee, or the final project fee.
2. You: You have the power and ability to enter into this contract on behalf of your company or organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
3. Us: We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Proposals + Quotes
4. Outlive Creative's proposals and quotes are valid until the date of expiry noted on the proposal document. After this date the proposal or quote expires and we reserve the right to:
Cancel the proposal or quote.
Issue a new proposal or quote.
Amend the pricing stated on the proposal or quote.
Revise availability and scheduling.
(Contact us if you wish to reconsider an expired proposal).
Pre-Production + Production
5. Outlive Creative will begin pre-production on your video, once the following has been fulfilled:
You accept and sign the proposal or quote, before the expiry date specified.
We issue an invoice for a non-refundable booking fee of 50% of the total project fee.
We have received your booking fee payment and it has cleared our bank.
6. You will work with us to plan the production dates.
The production dates will be finalized within 7 business days of receiving your booking fee payment.
You must notify us during the initial consultation if the intended shoot is to take place outside of regular business hours, being Monday-Friday 9am-5pm, prior to us providing a quote for this project.
7. You agree to arrange locations, spokespeople, content and props as required and outlined in the pre-production consultations.
You will begin your arrangements as soon as the scheduled production dates are finalized.
Equipment hire, actor hire and location hire are not covered by us, unless otherwise stated in the proposal or quote provided. If you wish for us to source equipment, actors or locations for the project, you must inform us in writing, prior to the quote being issued. If it is apparent during pre-production that these costs are necessary or essential, additional fees will be discussed with you.
A fee of $75 per hour will be incurred for time spent by us in sourcing equipment, actors and location, if you do not meet your agreed pre-production responsibilities or if you request that we make these arrangements after the proposal or quote has been issued and accepted.
If hired actors are required for additional shoot days, other than their originally agreed shoot times, they will be owed an additional fee, as agreed upon by you and us.
8.The following is required in order for the timeline to stay on track:
You agree to cooperate with us to schedule and prepare for production, and stick to the agreed dates.
You agree to reply to email & phone correspondence within 3 business days.
You agree to be available for phone correspondence in the business week/hours (Monday-Friday 9am-5pm) prior to scheduled production dates.
If communication is not maintained certain production decisions may be made by us.
You are permitted to request any known additional work on a project, that exceeds the original proposal, project scope, or quote. We will send you an additional quote, which, if accepted by you, will be added to the final project fee. If the project is cancelled by you, prior to commencement of production activities, 60% of the sub-quote will be charged, along with the initial non-refundable booking fee for the total project. In this instance, we will send you an invoice for 60% of the sub-quote total, which will be due by the date specified on the invoice.
9. We will provide you with a preview link of the project for you to give feedback + adjustment requests. This contract includes two opportunities for you to request minor edits or changes prior to final completion and delivery of the video media. Along the way we will ask you to put requests in writing so we can keep track of changes.
Adjustments to the project based on your feedback will be completed within the guidelines as stated in the proposal or quote.
Additional adjustments beyond that stated in the proposal or quote will incur an additional fee of $100/hour. We will advise you of any additional costs and will undertake this work once we receive approval from you. Additional costs will be added to the final project fee.
The project will be finalized and ready for final delivery, once you have approved the preview edit.
10. The outline below will pose as the Post-Production schedule:
The 1st cut will be sent within 15 business days from the final production date or otherwise specified in the Project Brief (noted above). If a delay is anticipated we will inform you immediately.
You are required to deliver feedback within 5 business days of receiving the 1st cut.
The 2nd cut will be sent within 5 business days of receiving your feedback + adjustment requests.
You are required to deliver feedback within 5 business days of receiving the 2nd cut.
The final cut will be sent within 5 business days of receiving your feedback + adjustment requests.
11. You agree to choose one contact person (as the primary contact) within your company to discuss the project with us.
We will only accept input, feedback and comments from the primary contact.
All input, feedback and comments from other people in your company will be channelled through the primary contact.
All feedback and adjustment requests will be sent to us in one email. Feedback and adjustment requests will not be accepted in any other format.
You will reply to email & phone correspondence within 3 business days.
You agree to be available for phone correspondence in the business week/hours prior to a scheduled production date.
If we don't hear from you after 6 months then we assume you are totally cancelling the project and the cancellation fees (noted below) will apply.
Reschedule + Cancellation
12. In the case that you reschedule any scheduled production date/s:
You will give us at least 5 business days in advance to reschedule to another date.
You will cover all of the costs associated with rescheduling including but not limited to: travel expenses for the crew such as flights, hotels/accommodations, rental cars, food, contractor deposits, gear/equipment rentals, talent fees, penalties, cancellation fees, reissue fees, and non-refundable costs.
If notification is given with less than 5 business days notice, a $125 rescheduling fee will be added to the final project fee.
For production activities up to 4 hours duration: if notification is given with less than 48 hours notice a $300 rescheduling fee will be added to the final project fee.
For production activities exceeding 4 hours duration: if notification is given with less than 48 hours notice a $500 rescheduling fee will be added to the final project fee.
13. In the case that you cancel the entire project:
Your booking fee covers the pre-production and project administration fees, and will not be refunded.
If total project cancellation is made by you within 5 business days of the first scheduled production date, a cancellation fee of 10% of the total project fee, in addition to the non-refundable booking fee, will be owed.
If total project cancellation occurs any time after production activities have commenced, the total project fee is owed and is to be received by the due date specified on the final invoice.
If total project cancellation occurs any time after commencement of post-production activities, the total project fee is still owed and is to be received by the due date specified on the final invoice.
You are not entitled to any scripts or raw footage created during this engagement. The use of any material created by or with us is prohibited.
You will cover all of the costs associated with cancellation including but not limited to: travel expenses for the crew such as flights, hotels/accommodations, rental cars, food, contractor deposits, gear/equipment rentals, talent fees, penalties, cancellation fees, reissue fees, and non-refundable costs.
14. Hire Costs:
If project cancellation or rescheduling occurs and a hire charge is incurred, this charge will be added to the total fee owed by you. This includes equipment, actor, contractor/freelancer and location hire.
If project rescheduling occurs within 5 business days of the scheduled production date, any actors engaged in production will be financially compensated by you, with 50% of their agreed initial fee.
If project rescheduling occurs within 2 business days of the scheduled production date, any actors engaged in production will be financially compensated by you, with 80% of their agreed initial fee.
15. Wet Weather:
If you wish to cancel or reschedule production activities in anticipation of inhibiting weather conditions, you must inform us. For production activities starting before 12:00pm, we must be informed of the desire to reschedule or cancel by 5:00pm 2 business days prior to production. For production activities starting after 12:00pm, we must be informed of the desire to reschedule or cancel by 9:00am 2 business days prior to production.
Hire policies and rescheduling fees (noted above) apply to wet weather cancellations or rescheduling.
16. This term is in place because we may have missed an opportunity to book a job on the same day.
17. If we reschedule a scheduled production date:
We will contact you to reschedule the production day around your availability.
Any costs associated with rescheduling will be covered by us. Yay!
18. If we totally cancel the project:
We will refund your booking fee and total project fee, if applicable.
19. If we cancel a portion of a package project:
The cost of that portion will be refunded in total. Work completed or ongoing will be owed by you.
20. If we totally cancel the project due to a technical issue or forces beyond human control:
We will refund your booking fee.
You agree to not submit damage claims and not undertake any legal action against us.
21. You agree to make the final payment, as specified on the final payment invoice, once the final preview edit has been approved, and prior to receiving the finalized high-resolution video files.
We will send you the final payment invoice once you have approved the preview edit.
Once we receive your final payment we will deliver the finalized high-resolution video files to you.
You agree to make the final payment by the due date specified on the invoice.
Full project payment is to be received within 60 days of the last production shoot day, or before delivery of the finalized video (whichever comes first).
A late payment fee of 5% of the total project fee (including any additional fees) will be incurred if final payment has not been received by the due date specified on the invoice.
An additional 1.5% fee will be incurred per month, from the first day that the final payment becomes overdue.
In the event of a client delay in the way of providing feedback requests, or organizing an additional shoot in conjunction with the initial shoot, full payment must be received within 60 days of the last production shoot day, regardless of whether videos have been finalized. This also applies to packages - full payment is to be received 60 days following the last production shoot day, regardless of any remaining videos in the package yet to be filmed.
You are not permitted to use any project content online or offline until final payment has been submitted.
Who Owns What?
22. First, you guarantee that all elements of text, images or other assets you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other assets to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
23. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other assets to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign you the final deliverable(s) under the terms below:
Duration of License: Non-Transferable, Unlimited Duration
Exclusivity: The final deliverables are to be used by one organization only (you) for the duration of the license.
Copyright Owner: Unless otherwise specified, the creative copyright of the produced content remains property of Outlive Creative. You may not use any of the supplied previews edits online or offline.
Final Media(s) Format: Android Device, Apple Device, Facebook, H.264, Instagram, Quicktime, Twitter, Vimeo, Youtube, JPEG
Distribution Format: Digital Download, Hard Drive Provided by Client, Online Streaming Provided by Producer, Upload to Client's Streaming Platform, USB, Photo Gallery
You have the right to use your finalized high-resolution video online and offline and to transfer it to any other digital format without any restrictions.
You are not permitted to edit or manipulate the finalized project in any manner.
24. We will own all rights, title and interest in and to the raw unedited media(s) which are the subject of this contract, including all copyrights therein as well as in and to all the exposed negatives, positives, out-takes, image files, and clips. If you decide later on that you want or need access to the raw unedited media, then you can purchase copyright and ownership for 150% of the total project fee.
25. If you wish to use still images from content made by us, they must not be altered in any manner and the image must clearly be credited to Outlive Creative stating “Image from Video Content by Outlive Creative". These still images may only be taken from the finalized video sent to you after final payment has been received. Stills from preview edits are not to be used in any manner.
Displaying Our Work
26. We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress edits and the completed project on our portfolio and in the public domain. You are to inform us if any content is confidential and we will not use it in the public domain.
Talent Release Forms
27. You are responsible for verifying that any person involved in the filming has agreed to be recorded. You will gather the approvals using your company’s procedures for interviewees, actors or anyone on site during filming. We strongly recommend your company uses a Talent Release Form.
28. It is your responsibility to ensure that all permits and licenses are acquired before filming in public + private locations. Outlive Creative does not take responsibility for this or any fees associated with hire, fines or costs due to location problems. If rescheduling or cancellation occurs, Outlive Creative's Rescheduling + Cancellation policy occurs. If you need us to take care of film permits a fee of $75 per hour will be incurred for time spent by us in sourcing permits.
29. You have seen our video portfolio and are aware of the style of work that we are capable of and aim to create. Creative aspects such as shooting and editing style are at our discretion. This doesn't mean that we won't cater to your specific needs or wants either. We agree that the media shall be of quality, artistically produced with direction, photography, sound, art, animation, synchronization and other physical and aesthetic content as displayed in our portfolio.
30. Any alterations of the final deliverable(s) (color shift, mirroring, flopping and paste) to create additional content is not allowed without our permission. We will be given first opportunity to make any alterations that you want. If you decide to do this anyway, then the alterations will constitute in additional use and we will bill you accordingly.
Text Content And Title Cards
31. Unless agreed separately, we’re not responsible for designing custom text or title cards and adding any sort of animation to them for your video. We provide professional graphic design and animating services, so if you’d like us to create new text or title cards for you, we can provide a separate estimate for that.
Other Important Assets
32. You agree to provide us with everything that we need to complete the project including text, images, scripts, storyboards, product props, production notes, music, celebrity talent, creative guidance/supervision, and related clearances, unless otherwise noted in the Project Brief when we need it, and in the format that we ask for. You will supply track or musical composition(s) and rights clearances unless otherwise specified.
33. You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
34. Overtime is billed at 1.5 times the regular hourly rate beyond 10 hours. Time begins at the crew call time and ends at the completion of wrap. Setup, breakdown, crew meals, or breaks is including within the time. Additional hours will be added to the final project fee.
35. Just to be clear, you are hiring us as an independent contractor and we are not to be classified as your employee or under work for hire status.
36. You are responsible for covering additional fees and costs related to location choice (admission fees, parking, etc). The first 50 miles of travel and the first 1 hour of travel from our office located in Portland, OR is included. Time and travel beyond that will be billed separately at $1 per mile and $15 per hour per person.
37. We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
38. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
39. Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
40. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
The Fine Print
41. Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
42. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
43. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.