Music Video Terms & Conditions
The purchaser agrees to the terms and conditions set out in their provided invoice. The purchaser agrees to pay the services rendered within the invoice. Full or minimum payment must be paid to Mental Imagery Films immediately for the video to be planned and booked. This payment term can vary depending on agreement with client and will be explained prior to the agreement. Any payment made outside of the agreed upon invoice is considered a nonrefundable tip or donation unless a prior agreement had been made allowing cash payments. Terms of payment will be stated within the invoice.
REFUND TERMS: Once the invoice is paid in full or even part paid in deposits, we do not issue refunds under any circumstances. We will aim to fulfill the contract as per the terms, but we do not issue refunds if the client changes their mind at any stage of the process.
It is up to the purchaser to arrive at the shoot on time and prepared, Mental Imagery Films will not be held accountable for loss of shooting time or expenses incurred. Mental Imagery Films promise to film and provide the music video as close to the original description in the video plan attached to the invoice, however this can depend on the performers, day of filming, unanticipated set-backs and co-operation of all involved. Depending on your budget the number of reviews/amendments of the final video will depend on the package you choose. For all additional amendments there is a charge of $40 for each set of amendments and each time the video has to be rendered. Mental Imagery Films will do their best to send you a preview of the video within 3-4 weeks after filming, and will endeavor to have the video finished within 1 month from filming, depending on reviews/amendments requested from client and quality of video/footage, however this is not a guarantee.
Hair & Makeup terms: If we provide the hair and makeup artist, we will endeavor that they will do the job to your preference, but cannot guarantee they will meet your expectations. It is up to the client to ensure they are happy with the service and make it clear on the day of filming if they are not. We will not be held accountable for hair and makeup and the final results. The client must come prepared if they have high expectations for this.
We will not be held responsible when a model, dancer, actor or extra does not attend day of filming although they have been booked by us in advance. we will endeavor to find a replacement if possible and if we do not succeed we will refund the fee payed for the said person, less administration fee. We will also not be held responsible if a dancer, model, actor or extra does not perform to the highest standard that is expected of them for the said project. This is always a risk when booking people for projects.
We will do our best to meet the requirements of the video; however will not be held accountable if the client/purchaser is not satisfied with the final outcome. The purchaser is entitled to all footage taken of the shoot if requested, there is a $250 charge to release all the footage to the client, however Mental Imagery Films and the Director/ Videographer involved must be accredited in the final video and if the footage is used elsewhere, as Mental Imagery Films and the director involved hold all creative copyright on the original footage. If the client would like to own all rights to the footage and buyout the director and Mental Imagery Films, there must be a payment of $500 paid, and Mental Imagery Films will release all footage to the client with a contract of full release of ownership.
The purchaser agrees to allow Mental Imagery Films to use the video footage, photographs and behind the scenes footage/photographs and final video for their own promotional activities including promotion on their show reel, websites, social media and video profiles including YouTube and Vimeo. Mental Imagery Films and the Director in charge of the shoot still have creative copyright on the original video and footage. If the video is tampered with and reclaimed by another person as their own, including any video footage/photos, this is copyright infringement and legal action will be taken.
For Music Videos, whichever Director worked on the video will be entitled to brand the video at the beginning with their name, under no circumstances should this be removed. This is for any music videos that will be used online. If for example, a special requirement is that the name must be removed at the beginning for TV purposes, we are happy to supply a copy of the video for TV, at any format requested, without any branding for a small fee of $100. But all credits must be given to the Director at all times. If the client requests that the Directors name is completely removed from the final music video, for use online, TV and anywhere else there will be a cost of $500, however this does not mean that Mental Imagery Films or the director has removed creative copyright, these terms of creative copyright ownership still belong to the Director and Mental Imagery Films. If the music video is found online without the Directors name present on the video, and this has not been agreed with Mental Imagery Films or paid for, then Mental Imagery Films can take legal action.
For any other type of videos including promo videos, interview videos, event videos etc we do not require that the Directors name is present at the beginning of the video. We only require that the company logo “Mental Imagery Films’ and contact information is stated at the end of the video, and given credit on any online or other viewing forums. This logo must not be removed from the video if being used online. However if the video is being used for TV, the logo can be removed by client, or we can remove and send another version without the logo for a small fee of $50. All credits to ‘Mental Imagery Films’ must be given at all times. No other payment will be requested by ‘Mental Imagery Films’ and their directors after the initial costs of making the music video, as long as all terms mentioned above are followed.
The client will receive 3 copies of the final video: X1 1080 HD (including music/audio) MP4 H264 Online Format/Optimized for YouTube, Facebook, IGTV and Twitter
The client has the rights to distribute or sell their final video, terms are as follows:
The time and duration of these rights is indefinite meaning that it is forever.
The client has the rights to distribute, sell or upload the video anywhere in the world.
The client has the rights to distribute, sell and upload the music videos to;
-Any range of media.
-Any form of media.
-Television channels and television shows
-Broadcasting services such as MTV, BET and WETV
-Distribution services such as Vevo and Spinning TV
The client can also;
-Collect royalties from the music videos without paying Mental Imagery Films or the director any form of payment, fee or percentage of the revenue gained.
-Keep all revenue and profits gained from the distribution, selling and uploading of the videos without paying any form of payment, fee or percentage of the revenue gained to Mental Imagery Films or the director.
Mental Imagery Films and the director of the video (whoever that maybe) both agree with these terms and conditions as the director works for Mental Imagery Films. No other professional cameras/photographers are permitted on the day of filming, only our cameras and footage may be used, this includes photographs. We have the right to reserve our creative copyright during filming, as we are the creators. If client requests to take pictures/video with personal camera phones and camera, this is permitted. If client requests all our professional photographs taken on the day, there is a fee of $50. If client wishes to have a ‘behind the scenes video’ made there is a fee of $150. There are no amendments or changes allowed for the final ‘behind the scenes’ video; the video is final, unless an additional payment is paid for more amendments.
Photography Terms and Conditions
The Photographer: Photographer affiliated with Mental Imagery Films
The Videographer: Videographer affiliated with Mental Imagery Films
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Sitting Fee: Price including all “non-tangible” portions of the photography session. This includes but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, reconfiguring lighting for shoot, sanitizing props that may be used with newborns and children, and so on). During Shoot: Session fee for newborns always includes a block of 3 hours for the shoot. Standard Sessions in studio up to 2 hours, Standard Sessions on-location includes travel time. Post-Production: Each photo takes approximated 20-30 minutes in post processing. Every full session includes 10-15. This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).
Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Mental Imagery Films is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Mental Imagery Films has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to “tag” Mental Imagery Films on Instagram and Facebook. Sharing is NOT recommended via screen shots of photos.
Copyright and Reproductions
Mental Imagery Films (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Deposit and Payment
The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Mental Imagery Films accepts cash, checks, and all major credit cards. A $20.00 fee will be imposed for any returned checks.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Mental Imagery Films reserves to right to terminate coverage and this contract and leave the location of the event(s) if the photographer representing Mental Imagery Films experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of Florida
payment information will be provided upon invoice
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