Initial payment of 75% of Total Due, including any changes or additions, required to secure services.
Balance due in full upon final delivery of work. Forms of payment include: AMEX, Discover, Visa, MC, Check, Cash.
Please make all checks payable to: Urbanite Los Angeles or via PAYPAL/Venmo: [email protected]
AGREEMENT – Any agreement between URBANITE MEDIA GROUP (herein “Creator" and/or “Company”) and the customer (herein “Client”) or agency representative (herein “Agency”) governs the project described in the accompanying Estimate and/or Invoice, and along with these Terms & Conditions, constitutes the entire agreement between the parties. The Fees and Expenses are based on the Job Description as presented by the Client (or Agency) and summarized in the Proposal and/or Invoice. The Client (or Agency) is responsible for the presence of an authorized representative at the shoot to approve the Creator's interpretation of the project or event. If a Client (or Agency) representative is not present, the Creator’s interpretation shall be deemed acceptable. Any changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith, a 10% contingency applies to the project total, dependent upon the nature of the shoot. Sales tax is not included in the Estimate. Any applicable sales tax will be added at the time of invoice and will be included in the initial payment. Estimates are valid for thirty (30) days from the date of the proposal.
DEFINITIONS – Image/s, Footage, Video, or Photograph/s (herein “Work”), are any copyrightable materials created as a part of the project as agreed to by Creator/Company and Client (or Agency). “Client” is the licensee of the Work as detailed in the Job Description above. "Editorial" use is when the Client publishes the Work in their own editorial publication, for the purpose of educating and/or conveying news, information or fair comment opinion, which is available for sale to the general public, and which does not seek or accept sponsorship to, or in itself, promote a specific product, person, service or company. “Publicity” use is when the Client submits the Work to an outside editorial publication (whether print or electronic) for Editorial use only, and the Client (or Agency) is not paying for that use or placement. “Advertising” use is when the Client (or Agency) is paying for the placement of the Work on or in whatever media it appears. “Collateral” use is when the Work appears in or on a platform that the Client (or Agency) wholly controls and produces, such as a company web site, annual report, brochure, or social media profile, and is intended to promote a commercial product, service, personality or brand. “Public Display” use is when the Work is shown or displayed in a Client maintained space, open to public viewing (i.e. corporate office, trade show, public event), and the Client (or Agency) is not purchasing Advertising space to allow for the placement of the Work within the media or location it appears. “Private Display” use is when the Work is shown or displayed in a non-commercial, private space, closed to public viewing, and the use of which does not promote a commercial product, service, personality or brand. “Point of Purchase" or "Point of Sale” (herein “POS”) use is when the Work is included in a non-paid placement Print or electronic indoor display for the purpose of promoting a product, service or corporation, within a third party retail space or Client location. “Packaging” use is when the Work is printed or displayed on the packaging for a commercial or retail product. "Unlimited" use includes all Editorial, Publicity, Advertising, Collateral, Public Display, and Packaging uses of the Work, defined herein. “Media” is the medium in which the Work is reproduced, inserted, displayed or placed by the Client (or Agency). “Consumer” use is when the Media in which the Work appears is directed toward and/or available to the general public. “Trade” use is when the Media in which the Work appears is directed toward specific industries, professions, or special interest groups for commercial, promotional or advertising purposes, and is not available to the general public. “Out of Home” (herein OOH) is all paid placement displays viewable to the general public from any public or private space. “Print” is all printed mediums excluding Packaging, OOH and POS. “Web” is all mediums accessible exclusively via an internet browser or internet-based software. “Electronic” is all digital and Web mediums excluding Broadcast, TV, Packaging, OOH and POS. “Broadcast” includes any and all network, subscription Television, FM/AM, and satellite radio outlets.
IMAGE COPYRIGHT and LICENSING – All Work by the Company and the associated copyright is the sole and exclusive property of the Company. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full from Client (or Agency). All rights not expressly granted in the Job Description above shall be reserved by the Creator. Modification of Work and/or incorporation of Work in any layout or concept shall not constitute a joint work or derivative work. All Licensing Option/s quoted above are valid for thirty (30) days from Work delivery date. If Client (or Agency) wishes to make additional uses of the Work not detailed in Project Description or Licensing Option/s above, or after the (30) day Licensing Option/s quote expiration, Client (or Agency) shall obtain permission from the Company for use, which may be greater than any Licensing Option/s originally quoted, if applicable.
POST-PRODUCTION/RETOUCHING – Any additional retouching requested by the Client (or Agency) beyond the scope of the Estimate will be quoted on an individual basis. Additional edits require separate payment prior to starting.
PAYMENT – A 75% advance deposit is required to secure services and initiate production, unless otherwise noted in writing. Client shall make final payment, including all additional costs when applicable, within seven (7) days of invoice, prior to delivery. Late payments will incur a $35.00/month processing fee and 2% interest per month. Sales tax is not included in the Estimate but will be added to invoice, if applicable.
CANCELLATIONS – This contract only when it is signed by both parties and the initial deposit has been paid. At the time the contract takes effect, the Company shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time that conflict with the services agreed upon. As a result and for this reason, in the event of a cancellation or postponement by the Client (or Agency) at any time, except for “acts of God” or force majeure, all monies paid up to the date of cancellation or postponement shall be retained by the Company in order to offset its loss of business. In the cases of “acts of God” or force majeure requiring cancellation, 50% of all monies paid to date will be refunded. For commercial and editorial work, Company may, at the time of postponement or cancellation and if applicable, negotiate a Creator fee with the Client.
INDEMNIFICATION – Client (and/or Agency) hereby indemnifies and holds Creator harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s (or Agency’s) use of Work.