Terms + Conditions
1) Agreement:
Welcome to the Framework Films website (the “Website”). The terms “we”, “us”, “our”, and “Framework Films” refers to Framework Films and its subsidiaries. The term “you”, “yourself”, and “Purchaser” refers to the individual, and all legal entities associated with the individual, who view this Website and/or purchases the services and digital assets offered by the Website. This Website and all services and products you may purchase from us are conditioned on your acceptance of the terms and conditions set forth below, without modification (the “Agreement”).
By clicking the acceptance box and/or making payment, you are accepting and agreeing to these terms and conditions, and you are creating a contract that is legally binding and enforceable between us and you in a court of law.
Therefore, you should read this Agreement carefully. By accessing the information included in this Website, you agree you will use this Website in accordance with this Agreement. We retain the right, at our sole discretion, to deny access to anyone to this website and the services and products we offer, without reason, including, without limitation, for violation of this Agreement.
If you do not agree with all of the provisions set forth in this Agreement, you should not continue to view this Website, and you should not purchase any service or digital asset from this Website. We recommend that you return to this page on a periodic basis to review the current version of this Agreement. We reserve the right at any time, and without notice, to modify this Agreement, in which case your continued access to this Terms and Conditions Agreement will keep you up to date with the latest version and your continued use or access of the Website constitutes acceptance of any modified Agreement.
2) Website Content + Information:
The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website unless permission to do so is granted in writing. You further agree not to use this Website for any illicit or illegal purposes.
3) Acknowledgement + Agreement:
You acknowledge and agree to the following:
(i) that all of the information you provide to us is true, accurate, current and complete; (ii) that you will not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) that you will not incorporate any part of this Website into any other website without our prior written consent; (iv) that you will not take any action which could, in our sole opinion, impose an unreasonable load on our bandwidth; (v) you hereby acknowledge and agree that the products and services we provide to you are for business purposes only and that, by their very nature, business endeavors are subject to failure due to events and circumstances beyond our control.
4) Disclaimers:
Our rates are subject to change at any time.
Framework Films is not responsible for any copyright issues that may result. Framework Films reserves the right to refuse any content deemed inappropriate or unacceptable.
Framework Films cannot predict or guarantee the approval of Video content on other video/advertisement hosting platforms.
Framework Films is not a performance marketing agency. Framework Films is not responsible for the performance of the video content once produced.
5) Force Majeure:
Framework Films will perform their tasks to the best of their ability, but Framework Films accepts no responsibility for force majeure, act of God or other unforeseen circumstance including but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond Framework Films control. If unforeseen circumstances occur, Framework Films cinematographers will use best efforts to provide similar services.
6) Refund Policy:
As a video production company, we bring the highest value per dollar spent by our CLIENTS, and to help us in that pursuit, we need to cover expenses and fuel for our operations. Therefore, we require partial payments to be made upfront and on-time with respect to the services offered to the CLIENT.
THIS IS OUR REFUND AND CANCELLATION POLICY AND BY HIRING Framework Films FOR SERVICES YOU ARE BOUND BY THIS AGREEMENT AND YOU AGREE TO ABIDE BY OUR POLICIES.
Any booked date on our calendar is on soft hold until a deposit in the form of check, credit card or electronic bank wire of at least 50% of the invoice is received. Once a deposit is received, cancellation may be made up to 72 hours before shoot day for a full refund, excluding administration fees, travel costs or third-party cancellation fees incurred by Framework Films during pre-production. The remaining balance must be settled before we fly/film, unless alternative options are agreed upon in writing.
Video Production, Editing & Photography
PLEASE CONTACT US TO ADDRESS ANY BILLING ISSUES AND WE WILL GLADLY HELP YOU.
Requesting a chargeback or opening a dispute for a valid charge or payment from us is fraud. Chargebacks are never a legal or appropriate means of obtaining a refund. All disputes will be challenged by our lawyers with sufficient evidence from our records.
The CLIENT’s payments covers/pays for labor and presentation media in the production of the agreed video, picture, and/or editing services. Every effort is taken by Framework Films to provide the CLIENT with the agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the CLIENT as grounds for refunds or compensation, for which Framework Films, LLC is not liable.
Unedited RAW footage purchased is non-refundable and non-returnable.
7) Revisions:
It is the responsibility of the CLIENT to have all content of scripts, images, logos, applicable supplementary material, and video to be used in the constructed video and/or website to be approved prior to completion.
Here at Framework Films we value your satisfaction and strive to provide the best client experience.
Please include as much information as possible in each video revision request to keep your revisions to a minimum due to the lengthy process of revisions. Understand that every additional round of revisions will be extending the deadline of your project.
Minor revisions include, but are not limited to:
* Minor Caption Modifications (Grammar, Font Choice, Style/Color, Sizing, Positioning, Removing, Adding, Stylization)
* Sequencing & Composition (Re-arrangement of Footage and Basic Framing)
* Effect Modifications (Remove or Replace Basic Effects or Transitions)
* Color Correction
* Sound Effects & Music Changes
Revisions outside of those listed above are subject to change and additional prices for such revisions will be provided on a case-by-case basis.
8) Modification:
This Agreement may not be modified except by us as provided in this Agreement.
This Agreement shall be binding on and shall inure to the benefit of you and us. You agree that Colorado law will apply to all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you. You hereby consent to the exclusive jurisdiction of the Court of Denver, Colorado or the Municipal Court of, Denver as we may elect, for the adjudication of all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you.
9) Provisions for Ownership + Copyrights
All the information, the Works and contents included in the Site and the services offered therein, inclusive of text, illustrations, graphics, sound, graphic segments, recorded material of an anomalous nature once discovered in post-production, graphs, and photos are protected by copyrights and intellectual property rights of the site or of other suppliers.
Framework Films herein grants you an authorization to use the site and the Works in accordance with the provisions of this agreement herein only and is conditioned by your undertaking not to make or be involved in the making of any activities which breach the agreement herein. The copyright of such works and recordings will belong to Framework Films. Framework Films has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes unless an alternative arrangement is made between Framework Films and the Client in writing.
The copyright of such segments will belong exclusively to Framework Films.
You hereby declare and confirm that you do not and will not have any ownership and/or intellectual property rights in the recordings and/or the Works and/or the contents of the Site and/or the Site's trademarks and its design, and that your right is restricted to the limited uses as set forth above in this agreement unless an alternative arrangement is made between Framework Films and the Client in writing.
10) Disposal:
Raw Footage, video files, audio files, and edited video files will be retained for up to ninety (90) days only and will then be repurposed, disposed of, deleted or erased. If at the end of 90 days Services have not been paid for, Framework Films reserves the right to dispose or reuse all Raw Footage, video files, audio files, edited video files, recorded materials, and finished works.
The CLIENT will be responsible for Postage fees in addition to the service fee to securely transfer any footage on hard drives. Framework Films is not responsible for any customs fees associated with shipping to Framework Films or shipping to the CLIENT.
11) Indemnification:
The Client warrants that Framework Films has the full legal rights to any and all photography, film, audio, or video images supplied by the Client to Framework Films for use in the Production. Client agrees to indemnify, defend and hold Framework Films and its officers, directors, agents, employees, representatives, associates and affiliates and each of them, harmless from and against any and all losses, costs damage, liability and expense, including reasonable attorney' fees, arising out of any claim whatsoever, including claims of infringement or violation of intellectual property rights, directly or indirectly, from the use of images, information or any other items supplied to Framework Films by the Client.
To the maximum extent allowed by law, you hereby agree to indemnify and defend, and hereby waive releases and holds harmless Framework Films, as well as its representatives, heirs, assigns, or agents (collectively “Released Parties”) from any and all suits, claims, proceedings, demands or incidents alleging injury or loss to person or property (“CLAIMS”), which in any way arise out of or in connection with this Agreement or the services provided by Framework Films. YOU HEREBY ACKNOWLEDGE THAT THIS DUTY TO INDEMNIFY AND DEFEND INCLUDES CLAIMS ARISING FROM OR CAUSED BY RELEASED PARTIES’ NEGLIGENCE. The foregoing shall not apply to Claims caused solely by Released Parties’ gross negligence, willful misconduct, or fraud.
12) Limitation of Liability:
Framework Films’ maximum liability for any claim arising from or related to this Agreement or services provided by Framework Films shall be limited to a monetary amount no greater than the total Production contract value paid by the Client. Further Framework Films shall not be liable or responsible for, and you hereby expressly waive, release, and relinquish all claims or demands arising under this Agreement for consequential, special, or indirect damages including, but not limited to, loss of profits, loss of business, and/or loss of use, regardless of legal theory used to assert such claim.
Except for the express warranties set forth in this Agreement, Framework Films does not make any other express or implied warranties or representations of any kind, including any implied warranty of merchantability or fitness for a particular purpose. All such other warranties and representations are hereby disclaimed.
13) Creative Control:
Framework Films will work with the Client to get feedback and input, but Framework Films retains creative control over the Production.
14) Compensation:
Based on the Client’s Production needs and creative requirements, the compensation to Framework Films for the Production will be based on the agreed payment terms and pricing through custom quotes. Fifty percent (50%) payment is due at the time of contract signing and the remaining fifty percent (50%) is due upon completion unless alternative agreements have been made in writing.
15) Permits + Licenses:
Framework Films will maintain the required certifications with the FAA (for Commercial Drone Operations), and the Client will be responsible for requesting the appropriate film permitting paperwork, for locations and commercial rights, if necessary (mentioning the use of drones or other professional video equipment in their production description); Framework Films will assist with requested UAV paperwork.
16) Insurance:
A Certificate of Insurance (COI) can be provided to the Client, listing Framework Films as additionally insured, covering rentals (for equipment) and general liability (for labor) while contracted with the Client’s production. Upon request, Framework Films will supply the Client with a valid COI for drone operations.
17) Weather + Safety:
In the event that the PIC (Pilot in Command), DoP, or Senior Member finds the weather or environmental conditions too dangerous for safe drone or production operations (such as heavy rain or snow, winds exceeding 15 mph, or locational circumstances), Framework Films, LLC withholds the right to abstain from the flight or other filming methods. It is the Client’s responsibility to monitor weather leading up to the production days. If the weather is likely to disrupt a shoot, rescheduling may be requested up to 24 hours prior to the shoot day and at the discretion of our schedule; additional travel costs may be applicable for extended campus/location visitation.
18) Work Day Length + Rates:
If Framework Films is requested to work past the initially agreed-upon hours, then OT rates will apply: 1.5x hourly labor rate for first two hours, and 2.0x hourly labor rate for any subsequent hours passed. Any and all OT must be approved by production and Framework Films before initiating OT work. A standard production day is 10 hours before OT pay is eligible.
19) Meals + Breaks:
During the workday, food shall be provided by the Client to Framework Films operators on set or sufficient time is granted (>30 minutes) to the crew members to allow for at least one (1) meal per 6 hour period.
20) Miscellaneous:
Severability and Reformation: In the event any of the provisions contained herein are found to be null, void, and/or unenforceable, then such provision shall be reformed to the maximum extent allowed under applicable law to further the intent of the offending provision or removed with all else in this Agreement remaining effective.
No 3rd Party Beneficiaries: Both parties do hereby expressly acknowledge and confirm that no third party shall be deemed a beneficiary of this CONTRACT.
21) Dispute Resolution:
This Agreement is to be governed and construed in accordance with the laws of the State of Colorado without reference to choice of law rules. If any claim arises out of this Agreement, the parties shall, as a condition precedent to arbitration, engage in mediation of any dispute, unless the parties agree otherwise in writing. Any dispute which is not settled or disposed of by mediation shall be referred to binding arbitration or a claim may be filed in the appropriate court of law. The arbitration or court proceedings shall take place in Denver, Colorado, or elsewhere as the parties may agree. The prevailing party of any arbitration or court proceeding shall be entitled to recover from the non-prevailing party all reasonable costs and attorneys’ fees arising from enforcing its rights under this Agreement.