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TERMS & CONDITIONS

Instinctive Media - Terms and Conditions
 

1. Introduction

These terms and conditions ("Terms") govern your use of the Instinctive Media website ("Website") and any services provided by Instinctive Media ("Services"). By accessing or using the Website or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or engage our Services.

 

2. Services

Instinctive Media provides a range of media production services, including:

  • Video Production: Planning, filming, and editing of various video formats.

  • Photography: Still photography services.

  • Drone Operations: Aerial photography and videography using unmanned aerial vehicles (drones).

  • Post-Production: Editing, colour grading, sound mixing, visual effects, and motion graphics.

     

3. Client Obligations

  • Information and Briefing: Clients must provide accurate and complete project briefs, timelines, required deliverables, and any necessary approvals.

  • Permissions and Licenses: Clients are responsible for obtaining all necessary permissions and licenses for locations, talent, music, images, and third-party footage.

  • Location Access: Clients must ensure Instinctive Media has safe and appropriate access to filming/photography locations.

  • Talent Releases: Clients are responsible for securing talent releases for any individuals appearing in the project, unless otherwise agreed in writing.

  • Payment: Clients must adhere to the agreed-upon payment schedule.

  • Feedback and Approvals: Clients must provide timely feedback and approvals during the production and post-production process.

     

4. Drone Operations Specifics

  • Regulatory Compliance: All drone operations are conducted in accordance with the regulations set forth by the Civil Aviation Authority (CAA) in the UK (or the relevant authority in other operating locations). Instinctive Media holds the necessary permissions for commercial drone operations.

  • Safety and Weather: Drone flights are subject to suitable weather conditions and safety assessments. Instinctive Media reserves the right to postpone or cancel flights due to unsafe conditions.

  • Location Restrictions: Drone operations may be restricted in certain areas (e.g., near airports, restricted airspace). Obtaining necessary permissions for restricted areas is the client's responsibility, unless otherwise agreed in writing, and any associated costs will be borne by the client.

  • Insurance: Instinctive Media maintains appropriate insurance coverage for drone operations, including public liability insurance.

     

5. Post-Production Details

  • Editing Process: The post-production process includes editing, color grading, sound mixing, and visual effects, as agreed upon in the project brief. Revisions are typically limited to [Number] rounds, unless otherwise agreed.

  • Delivery Formats: Final deliverables will be provided in agreed-upon formats (e.g., MP4, MOV, JPEG, PNG) via digital download, online platform, or physical media (e.g., USB drive).

  • File Storage: Instinctive Media will store project files for [Duration, e.g., 3 months] after project completion. Long-term storage can be arranged for an additional fee.

     

6. Intellectual Property

  • Copyright: Instinctive Media retains copyright ownership of all original creative materials, including raw footage, unless otherwise agreed in writing.

  • Client Usage License: Upon full payment, the client is granted a non-exclusive license to use the final delivered materials for the purposes specified in the contract.

  • Raw Footage Usage: Usage rights for raw footage must be negotiated separately.

  • Music and Licensing: The client is responsible for obtaining all necessary music licenses unless otherwise agreed in writing. The client warrants that any materials provided to Instinctive Media do not infringe on any third-party copyrights.

     

7. Limitation of Liability

Instinctive Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the Website or Services, even if advised of the possibility of such damages.   

 

8. Disclaimer of Warranties

The Website and Services are provided "as is" without any warranties, express or implied.

 

9. Indemnification

The client agrees to indemnify and hold harmless Instinctive Media from any claims, liabilities, damages, losses, and expenses arising from their use of the Services or breach of these Terms.

 

10. Cancellation Policy

  • Cancellations made 15-30 days before the scheduled shoot will incur a 25%% cancellation fee.

  • Cancellations made within 7-14 days of the scheduled shoot will incur a 50% cancellation fee.

  • Cancellations made within 7 days of the scheduled shoot will incur a 75% cancellation fee.

  • Cancellations made within 48hrs of the scheduled shoot will incur a 100% cancellation fee.

  • Deposits are non-refundable.

     

11. Payment Terms

  • A non-refundable deposit of 25% of the total project cost is required upon signing the contract to secure the booking.

  • For projects with a total cost exceeding £5000, the following interim payment schedule will apply:

    • Percentage, 25% of the total project cost is due upon completion of principal photography/filming.

    • 25% of the total project cost is due upon delivery of the first edit/rough cut for client review.

  • The remaining balance is due within 30 days of the invoice date, which will be issued upon delivery of the final deliverables.

  • Payments can be made via bank transfer, online payment platforms.

  • Late payment may incur a 2% interest charge per month.

     

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of England and Wales. Any disputes will be resolved through [Dispute Resolution Method, e.g., mediation, arbitration].

 

13. Changes to Terms

Instinctive Media reserves the right to modify these Terms at any time.

 

14. Contact: Contact@instinctive33.com

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