Terms & Conditions
These Terms and Conditions ("Agreement") are entered into by and between Aimee Lewis Productions, a freelance executive producer ("producer"), and the Client ("Client"). By engaging the Producer’s services, the Client agrees to the following terms and conditions.
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1. Services Provided
The Producer agrees to provide production services as outlined in the project proposal or contract, which may include, but are not limited to:
Pre-production (e.g., managing logistics, drafting production schedules, scheduling rehearsals)
Production (e.g., managing rehearsals, show direction and event execution)
Post-production (e.g., footage clipping and video editing)
The specific scope of services, deliverables, and deadlines will be outlined in a separate project proposal or statement of work.
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2. Payment Terms
Fee Structure: The Client agrees to pay the Producer the agreed-upon fee for the services rendered, as outlined in the project proposal or contract. The fee may be based on a flat rate, hourly rate, or other agreed structure.
Deposit: A non-refundable deposit is required before any work commences. This deposit will be credited toward the total project fee.
Payment Schedule: Unless otherwise agreed upon, payments will be due as follows:
Final Payment due within 15 business days of project completion.
Late Payments: If payment is not received by the due date, the Producer reserves the right to charge a late fee of 5% per month on any overdue balance.
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3. Client Responsibilities
The Client agrees to:
Provide necessary materials, resources, and information (e.g., scripts, branding assets, budget approvals, and other relevant content) in a timely manner.
Approve project stages and deliverables in a timely manner to avoid delays in the project timeline.
Ensure that all permissions, releases, and licenses (including talent releases, location agreements, and third-party content) are secured prior to the start of production.
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4. Timeline and Deadlines
The Producer will provide a timeline for the project, including milestones for review and approval. While the Producer will make every effort to meet deadlines, delays caused by the Client (e.g., late feedback, missed approvals, etc.) may result in an extended timeline and potential additional costs.
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5. Revisions & Additional Work
Revisions: The Producer will provide up to 2 rounds of revisions on specific deliverables (e.g., scripts, edits, etc.) as per the project scope. Revisions beyond the initial agreement may incur additional fees, which will be discussed and agreed upon in advance.
Additional Work: Any work not explicitly outlined in the original project proposal (e.g., additional shoots, reshoots, or major scope changes) will require a new agreement or an amendment to the existing one, along with additional fees.
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6. Cancellation & Termination
By the Client: If the Client cancels the project after work has commenced, the Client will be responsible for paying for all work completed up until the cancellation date, including any non-refundable expenses already incurred (e.g., equipment rentals, location fees, etc.).
By the Producer: The Producer reserves the right to terminate the contract if the Client fails to meet payment obligations, fails to provide necessary resources, or breaches any terms of the agreement. In such cases, the Client will be responsible for payment for work completed up to the point of termination.
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7. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the production process, including scripts, budgets, project plans, and other confidential materials. This obligation of confidentiality extends beyond the completion of the project.
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8. Third-Party Content: If third-party content (e.g., stock music, footage) is used in the project, the Client is responsible for obtaining the appropriate rights or licenses. The Producer will not be liable for any legal disputes concerning third-party content.
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9. Force Majeure
The Producer shall not be liable for any delays or failure to perform resulting from circumstances beyond their control, including but not limited to natural disasters, strikes, pandemics, governmental restrictions, or other unforeseen events that prevent the completion of the project. If such an event occurs, the Producer will notify the Client as soon as possible and work to reschedule or modify the project timeline.
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10. Indemnity
The Client agrees to indemnify and hold harmless the Producer from any claims, damages, or expenses arising out of the Client’s use of the project deliverables, including claims related to intellectual property infringement, defamation, or misrepresentation.
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11. Dispute Resolution
In the event of any dispute arising under this agreement, both parties agree to first attempt to resolve the matter through informal negotiation. If a resolution cannot be reached, the parties agree to enter into mediation before pursuing any legal action. Any legal action will take place in Ohio.
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12. Limitation of Liability
The Producer’s liability for any claim arising from this agreement is limited to the total amount paid by the Client for the services rendered. The Producer is not liable for any indirect, consequential, or punitive damages arising from the project.
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13. Governing Law
This Agreement will be governed by and construed in accordance with the laws of Ohio, USA.
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14. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, or agreements. Any modifications to this agreement must be made in writing and signed by both parties.