CONTRACT TERMS:
BILLING & PAYMENT
Commercial Productions: A 75% advance retainer 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 final invoice, prior to delivery of footage/media. Late/returned 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.
Private Events / Corporate Events: A 50% non-refundable retainer is required to secure the date and services, unless otherwise noted in writing. Client shall make final payment, including all additional costs when applicable, within (7) days prior of start date of the event. Sales tax is not included in the Estimate but will be added to invoice, if applicable.
*NOTE: For special / promotional pricing, payment is due in full at the time of booking.
Acceptable forms of payment include:
AMEX, Discover, Visa, Mastercard, Cash, Zelle, Venmo, PayPal.
AMEX, Discover, Visa, Mastercard, Cash, Zelle, Venmo, PayPal.
Please make all checks payable to: Urbanite Los Angeles or via PAYPAL/Venmo: UrbaniteLA@gmail.com
GENERAL TERMS & AGREEMENT
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 website, 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 – Additional retouching requested by Client (or Agency) beyond the scope of the Estimate will be quoted on a per case basis. Additional edits require separate payment prior to starting.
CANCELLATIONS – This contract only when it is signed by both parties and the initial retainer 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 cases of “acts of God” / force majeure requiring cancellation, 50% of all monies paid to date will be refunded. For commercial and editorial work, Company may, at 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 legal fees, arising from Client’s (or Agency’s) use of Work.
In order to use this website and to gain access to certain galleries, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We will not sell, rent or lease this information to any outside party. Online orders are a separate service independent of Urbanite Media Group/Urbanite LA (noted henceforth as "The Company"). Orders are fulfilled by a third party through Zenfolio and its partners . Urbanite Media Group/Urbanite LA does not make any privacy claims regarding and is not liable for any information you may provide to these vendors. The Company also assumes no responsibility for the disclosure of information of any subscriber or visitor in the event an order is placed for fulfillment with these third party vendors. You specifically agree to hold Urbanite Media Group/Urbanite LA harmless from any liability arising out of the use or misuse of any information submitted in the process of placing orders to be fulfilled.
The Company does not control or share responsibility regarding the privacy policies of any third-party sites linked to our website. The Company assumes no responsibility or liability for the actions of such third parties. It is your responsibility to be informed of and be comfortable with the privacy policy of any third-party website that you access. We assume no responsibility or liability for information you voluntarily disclose in a public area or forum.
In order to ensure your privacy, you must keep the secrecy of any password or personal information at all times. The ultimate responsibility for the protection of your information rests with you.
ORDERS - Third party vendors (photo labs etc) may request information from you on our order form. To place orders using the photographs/videos on our site, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date) to the vendor. Urbanite Media Group/Urbanite LA is not responsible for the fulfillment or parts of the order process that are outside of its control.
LINKS - This web site contains links to other sites. Please be aware that The Company is not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
UPDATES
Our Terms & Conditions/Privacy Policy may change from time to time and all updates will be posted on this page.
Last Updated: January 02, 2023
Last Updated: January 02, 2023