Terms and Conditions of Service
Terms and Conditions of Service
These client terms and conditions of service (these “Terms and Conditions”) govern the provision of any services (the “Services”) to you (“you”, “your”, or “Client”) by Echoes of Flight (“EoF”, “the Company”, “we”, “us”, or “our”). By engaging in our services, you agree to the following:
WAIVER: In consideration of the Services provided, you and each person acting through or on behalf of you (including, without limitation, your employees, agents, contractors, or representatives) (collectively, “Client Affiliated Persons”) do hereby expressly, to the fullest extent permitted by law, agree to release, waive, and discharge all claims, demands, and causes of action, whether known or unknown, against EoF and its directors, officers, employees, contractors, and/or agents (collectively, the “EoF Covered Personnel”), to the extent such claims arise out of or are connected with the provision of Services by EoF. However, this waiver does not apply to claims arising from EoF’s gross negligence or willful misconduct.
In addition, you expressly acknowledge and agree that EoF shall not be liable for (i) transmission of COVID-19 by or among any persons at locations where services are provided, and (ii) any injuries, loss of life, disease, property loss, damages, or other losses (collectively, “Losses”) resulting from COVID-19 exposure or spread.
INDEMNIFICATION AND HOLD HARMLESS: Except in the case of gross negligence or willful misconduct by EoF Covered Personnel, you agree to indemnify and hold harmless all EoF Covered Personnel from and against all Losses arising in connection with the provision of Services.
SERVICE & PRODUCTION REQUESTS: To ensure the best results, please ensure the property is ready before the scheduled call time. This includes securing pets, turning on lights, and ensuring that the location is safe for filming. EoF does not move or arrange furniture or décor. If the property is not ready for filming, the Client assumes responsibility for any delays.
TURNAROUND TIME: Once on site, EoF requires 48 hours to return your first draft. After the draft, one revision is allowed at no additional charge. Revisions include simple editing (e.g., removing clips, color corrections). Additional revisions beyond one are charged at $100 per hour.
TRAVEL COST: For locations beyond a 60-mile radius from EoF’s base, a travel fee of $50 per hour will apply.
WARRANTY: EoF warrants it will perform the Services with due professional care and in compliance with the described scope. If the Services are found to be deficient, EoF will re-perform them or, if unable, refund the fees paid for the deficient services.
LIMITATIONS ON DAMAGES: EoF is not liable for consequential, incidental, indirect, punitive, or special damages, including loss of profits or data, under any cause of action. The maximum liability to you is limited to the fees paid by you for the Services.
VIDEO EDITING & POST-PROCESSING: EoF follows a specific format for video shoots and editing. Any deviation from the format must be requested prior to the shoot. After your first draft is delivered, you may request revisions within two (2) business days. Any changes requested after this period may incur additional fees.
CANCELLATION & POSTPONEMENT POLICY: Cancellations or schedule changes must be made at least 24 hours in advance. Failure to do so will incur a $150 fee. If an appointment is missed or delayed by more than 30 minutes, a rescheduling fee will apply.
WEATHER POLICY: If bad weather prevents the shoot, the Client may choose to reschedule, subject to availability. Rescheduling fees may apply.
LICENSE TO RAW FOOTAGE: If the Client purchases the raw footage, they will have full rights to that footage. Any post-production work performed by EoF, including edits, color corrections, or additional creative production, remains the property of EoF, unless otherwise agreed upon in a separate licensing agreement.
WORK PRODUCT OWNERSHIP:
Raw Footage: If the Client purchases the raw footage, they will own the rights to that footage.
Post-Production Work: All edited footage, including final video products, graphics, and any creative post-production materials, are the exclusive property of EoF. EoF retains all intellectual property rights to these materials. Any licensing of these materials will be granted for a fee, in writing through a separate licensing agreement.
The fee quoted is dependent on (i) payment of the invoice in full prior to the scheduled production call time, and (ii) using the content only as indicated by EoF. Any such license granted to Client shall be strictly in accordance with EoF’s standard license agreement.
USAGE LICENSE: If raw footage is purchased, the Client has the right to use the footage for any lawful purpose. However, the post-production work (i.e., the final product or edited video) may only be used as agreed in the licensing terms provided by EoF.
MEDIA RELEASE: You understand that EoF may take photographs or videos of your property as part of the Services. By engaging EoF, you grant EoF permission to use these materials (including the use of your name, likeness, or voice) for marketing, promotional, and advertising purposes worldwide and in perpetuity.
SEVERABILITY: If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder will continue to be in full effect.
PAYMENT & LATE FEES: Payment is due in full before the project date unless otherwise specified. Overdue payments are subject to a $50/month late fee or 10% of the total fee, whichever is greater.
ASSIGNMENT: Neither party may assign its rights or obligations under these Terms and Conditions without the other party’s prior written consent. EoF may assign its rights or obligations to a successor or affiliate without consent.
FORCE MAJEURE: EoF is excused from delays or failure to perform caused by events outside its control, including acts of God, pandemics, or technical failures.
APPLICABLE LAW; VENUE: These Terms and Conditions are governed by the laws of the State of Illinois. Any disputes will be resolved in the state or federal courts located in Cook County, Illinois.
ENTIRE AGREEMENT: These Terms and Conditions represent the complete agreement between the parties and supersede any prior agreements.
COSTS AND ATTORNEYS' FEES: In the event of legal action arising from these Terms and Conditions, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
ACKNOWLEDGEMENT OF UNDERSTANDING: By proceeding with the Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.