Terms and Conditions of production
TERMS AND CONDITIONS
These general terms and conditions (“Terms and Conditions”) apply to all offers, quotations and sales of goods and/or services by Shayn Mitchell Enterprises LLC (“Shayn Mitchell Enterprises LLC”) to (client) (“Customer”). If Shayn Mitchell Enterprises LLC and Customer have entered into a separate written contract relating to the sales of products, or the provision of services, including but not limited to a re-seller or distributor agreement, these Terms and Conditions shall additionally apply to purchases under the separate agreement to the extent of which they are consistent with the terms of the separate agreement.
1.) Shayn Mitchell Enterprises LLC will do their utmost to honor the requested shots of Customer. Due to changes in the weather, the availability and willingness of subjects, safety concerns, etc, Shayn Mitchell Enterprises LLC cannot guarantee every requested shot, background, location or group arrangements, but will provide the best alternative options available.
2.) Shayn Mitchell Enterprises LLC shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including, but not limited to, any Act of God, legislation, war, fire, lock-out, strike or any other uncontrollable action. Under such circumstance, Customer may, by written notice to Shayn Mitchell Enterprises LLC, elect to terminate the contract, pay for services rendered, and reschedule the remaining contracted services.
3.) Ownership (Consistent with industry standard guidelines, we own what we create and give you permission to use the finished media after full payment is received. This protects us from unauthorized uses of our work that may not fall in line with our production quality standards, go against our company culture, or be unfair to those who worked on creating it.)
Except as otherwise provided herein, Producer (Shayn Mitchell Enterprises LLC) owns all rights, title and interest in and to the media(s) which are the subject of this Agreement, including all copyrights therein as well as in and to all the exposed negatives, positives, out-takes and clips. Upon receiving full payment, Producer grants Client a non-transferable license to use media(s) as specified in the project summary.
4.) Customer requirements must be clearly provided to Shayn Mitchell Enterprises LLC in writing before commencement of work. Any subsequent changes to the initial requirements must also be provided in writing, agreed upon by Shayn Mitchell Enterprises LLC, and may incur additional costs.
5.) Shayn Mitchell Enterprises LLC reserves the right to refuse to use, publish or broadcast any content it considers obscene, morally unsuitable, libelous, defamatory or illegal, or which would breach copyrights.
6.) Shayn Mitchell Enterprises LLC will not be held liable to make corrections to deliverables after the customer has agreed that the content is correct and accurate and should be posted, published or broadcast.
7.) Customer is required to obtain permission and/or film permits for all locations necessary for filming at every location outlined in the contract. Customer is also responsible for any fees associated with these permits.
8.) Customer must inform Shayn Mitchell Enterprises LLC of any restrictions, rules, regulations, or laws at the filming locations that could affect the filming. Such information includes but is not limited to environmental regulations, safety requirements, vehicle requirements, off road access, etc.
9.) Payment is due upon receipt of invoice and required before delivery of final deliverable. A 10% fee compounded monthly will be assessed after 30 days late, or after 90 days if an escrow surcharge is in effect.
All services rendered by the Company are provided on a non-refundable basis. This includes, but it not limited to, setup fees, monthly fees, upgrade fees, professional services fees, regardless of usage. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action.
We take filming with remote control aerial technology very serious. Safety of others is our first concern. We do everything we can to make sure our equipment is in the best operable condition prior to every flight by conducting pre/post flight inspections, charting flight logs, and operating within the limits of the equipment’s capabilities. The crew includes an operator and a spotter to watch for safety concerns in the air and on the ground. Based on our experience flying in all types of weather conditions and altitudes, Shayn Mitchell Enterprises LLC reserves the right to determine whether or not a shot is safe to fly. We believe flying in winds above 20 mph, for example, to be considered unsafe and dangerous.
No special permits are required for filming with our radio controlled aerial platforms if we are flying from private property. A permit will be required, however, if filming on public property. Although the requirements vary from state-to-state, there is generally a one-time application fee. With state or national parks an additional daily cost of a state film monitor or inspector (park ranger, highway patrol, etc.) is required. In order to be approved, every state also requires general liability insurance and to be included as an additional insured. Filming permits can be acquired from any state film commission office.
Shayn Mitchell Enterprises LLC Productions holds a certificate of general liability insurance, which provides our customers with extensive protection (up to $5M) over the property being filmed. If more coverage is needed, we can arrange for these provisions upon advanced request and with an additional fee. With this insurance policy, we can also provide additional insured protection to specific organizations, for an additional fee, with at least a few weeks’ notice.
We are FAA Part 107 Certified Remote Pilots. Our platforms are not autonomous, weigh under 55lbs, and are always flown within line-of-sight, less than 600 feet in distance and less than 400 feet in altitude. We always operate our aerial platforms in open areas.
POST‐PROCESSING While the camera is recording, we will practice a flight maneuver to ensure we are aware of wind pockets, thermals, proximity, safety issues, etc. and that we have correct subject tracking/timing. Many of these “takes” or flights are not intended to be used for the final shot. Also, every camera has a different reaction to the types of movements we fly, so we are continually investing in the R&D for the correct technology to post‐process each individual type of camera and camera movement. Therefore, aerial imagery may need to be post-processed by Shayn Mitchell Enterprises LLC, prior to delivering footage to the customer.