TERMS AND CONDITIONS between Doxica Productions and Client
"The Production Company" or "Doxica Productions" is Doxica Productions, Inc., a Colorado corporation. "The Client" is any person, entity or counterparty with whom the Production Company enters into a contract for the sale of goods or provision of services by the Production Company.
"Doxica Team" is any member or group of members of Doxica Productions, its affiliates, its representatives, its agents, its contractors, its employees, (all such persons and entities) etc.
Acceptance of Terms and Conditions:
All contracts and transactions between the Production Company and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Production Company and any of its Clients.
The content and images used on this website are the exclusive property of and copyright by Doxica Productions. No images or content may be copied, duplicated or otherwise reproduced from the website without advance express written permission from Doxica Productions.
The use of doxicaproductions.com or any page therein for any purposes is subject to the ongoing oversight, discretion and absolute control of Doxica Productions. If at any time, Doxica Productions determines that a user of the website is using the site or its content in any way that Doxica Productions or any of representatives, in its sole discretion, deems inappropriate, Doxica Productions reserves the right to terminate or disable any user’s account. In the case of a user’s account being disabled, the user will no longer have access to the content within the disabled account, including, but not limited to; image content, video content, graphics and/or graphic files, sound content, any multimedia content, and any other content associated with the disabled account or otherwise available on the website.
a. A deposit of 50% of the total amount must be paid for all services, which shall be due and payable prior to or at the time of scheduling of such scheduling, unless otherwise provided expressly in writing by the Production Company. The remainder of all payment is due upon the shoot date, or on the final shoot date, in case of multi day shoot, unless otherwise contracted.
b. The Production Company reserves the right to charge interest on all overdue invoices at a rate of 3% per month, accruing cumulatively on a monthly basis from the date on which such payment was due. A 3% late fee will be added on the first day of each month, starting the day after the due date, as described in the Service Contract. ie. If a payment balance of $100 is due February 16th, there will be a 3% late fee applied on Feb 17th and another 3% of the new balance ($103.00) added on March 17th, etc. until the balance is paid in full.
c. A project is considered "complete" at the time of delivery of all items paid for by the Client. If the Client’s project package includes 2nd round editing time, the project will be considered complete after the included editing time has been spent. Additional edits beyond the edits expressly provided for in the service contract, requested by the Client, will be considered a new project, billed separately, and with separate delivery dates and separate billing dates.
Retention of Title:
Until such time as the Production Company has been paid in full for all services rendered to or products contract for by the Client, all property, including without limitation, all rights to all images, video, sound and other multimedia, shall remain the exclusive property of Doxica Production in all respects, and the Client shall have no right to reproduce, copy, duplicate, share, transmit or other use or transfer any work product created by the Production Company.
a. For projects requiring travel and/or multiple day stays in cities outside Denver-Metro, hotels and travel will be booked by Doxica Productions
b. Travel Time: Travel time is computed at Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes or out of Jefferson County for out-of-town locations, travel time to and from bookings is charged at half the day rate.
a. Cancellations more than 24 hours in advance, will be charged in the amount of 25% of the original total of all amounts due to the Production Company. Cancellations less than twenty-four (24) hours (one working day) in advance will be charged in the amount of 50% of the original total. No-call/no-show appointments will be charged in full, on the day of the appointment. Cancellations of services or other arrangements that require the Doxica Team to travel, or full week confirmed bookings must be made one week prior to the booking, otherwise the original amount will be charged and the Client will be liable for reimbursement of all fees and expenses payable and not cancellable by or on behalf of the Doxica Team (e.g. costs incurred from transportation, airplane, etc.).
b. In all cases of cancellation, the Production Company may also, at its sole discretion, charge in full for production expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc.), incurred prior or during the assignment taking place.
c. Weather: Where weather conditions (or, for the avoidance of doubt, any other conditions, occurrences of circumstances) are responsible for any cancellation, the terms provided in subsection (a) of this article will remain in full force and effect, with no discount. The Doxica Team will come prepared for shooting in light inclement weather conditions, including light rain or snow. Work in extreme weather conditions, such as hail, heavy rain or snow or extreme wind or dust conditions will be subject to the discretion of the Doxica Team and may be canceled and schedule at the discretion of the Doxica Team.
Example: The Doxica Team is scheduled to shoot an event and the Client cancels the event (or the work of Doxica Productions) less than 24 hours prior to the agreed time. The Client contacts the Doxica Team to advise of the cancellation. At that time, the Doxica Team will charge for 100% of the agreed contract amount, plus 100% of any rental fees or other actual expenses, as described above. If the Doxica Team has completed any portion of travel, the Client will be liable for all travel expenses as if the work had been completed.
d. If the work is cancelled on or before the day of the scheduled work, for any reason by the Doxica Team, the Client agrees to reschedule the work, if possible, at their earliest convenience.
e. Rental down payments are NON-REFUNDABLE. Canceling a rental at any time will result in the loss of your down payment.
f. Rescheduled appointments will be treated as cancellations. Cancellation fees for the first rescheduled project may be waived by the production company in the event of a simultaneously rescheduled project. In the event of the client rescheduling a project multiple times, cancellation fees will apply to each cancelled project.
Doxica Productions may assess additional charges, for which the Client will be liable, for any services, products, or time spent with regard to the same, that are either expressly provided for pursuant to the service contract or otherwise entirely under the control of the Doxica Team (including but not limited to, the Client requesting additional photographs, videography, editing, services, or products). If the work cannot be completed within the agreed amount of time, the Client agrees to pay for all additional services, products and time, in accordance with the terms of this document.
Example: if the Production Company has begun a project and the time agreed in the original contract is not adequate to complete the work, the Production Company or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to the client. The client will receive all work product following payment.
In the case of a Client or Client’s company hiring Doxica Productions for a photograph or film project(s), the Client agrees to provide personnel, adequate to complete artistic and production decision-making on behalf of the Client’s company. "Adequate time" is defined as 2 hours of work time per half day on-set filming time or shoot time.
Completion of the work:
Work will be considered complete when the Production Company provides the client with agreed material purchased, and after final edits, included with the initial contract, are made.
Client may choose to control edits and then must provide production notes to the Production Company before edits will be started. Work will be considered complete 90 days after the last shoot date, if the Production Company has not received production notes from the client. In such a case, if payment balance is pending, due to Service Contract contingencies, payment will be due 90 days after final shoot date, regardless of the Client’s non-delivery of production notes.
Additional edits, beyond those included in the Service Contract will be billed as a new project.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Production Company or Doxica Team reserves the right to terminate any assignment without notice if the Doxica Team deems the behavior of the Client or associates of the Client to be unruly or unsafe. In such instances, the Production Company reserves the right to charge the full amount and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Production Company for any loss/damage, by the Client or associates of the Client, caused to property or equipment.
Improper, unruly or unsafe conduct includes, but is not limited to; client or accompanying persons, handling production equipment, physical threats to camera operators (sound technicians, staff or crew) sexual harassment or assault to staff or crew, client or accompanying persons drunkenness or influence of drugs, or unsafe filming conditions, such as severe weather or anything putting any member of the Doxica Team in physical danger.
Delivery of Products and Services:
The supply of products and services are provided by the Doxica Team on a best endeavors basis. While most photography projects can be completed within two weeks and film projects, within one month. Every project is different and requires different amounts of time to complete. The Production Company will not be liable for delays that are beyond reasonable control of the Production Company. The Doxica Team shall use reasonable endeavors to meet agreed deadlines where applicable. The Doxica Team shall not be liable for any delays in meeting any of its obligations which were due to causes beyond its reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms:
a. All prices shown within the Production Company’s price list are subject to change without prior notice.
b. The Production Company reserves the right to amend these Terms and Conditions without prior notice.
c. Prices for each job are based on estimated working time spent, plus market value of licensing for marketing use, not final product value, therefore, agreed price is binding, regardless of client satisfaction, though client satisfaction is our number one goal. Client’s account balance is due upon initial product delivery, as described in the Service Contract between the client and the production company. Additional client requested edits will be billed separate from original cost, at a rate of $45/hr for editing work.
In accordance with the United States Copyright Laws, the copyright of all images created by the Doxica Team is owned by the Production Company. Doxica Productions retains all copyright benefit for all images created by its photographers forever. Copyrights for art (including photographs) do not expire. Unless the Production Company gives written authorization, the Client is forbidden by law to copy any images created by the Production Company and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Production Company, shall only be carried out by the Production Company. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Production Company’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: If the Client sends a magazine an image created by the Production Company, without having paid the Production Company for the ownership of all transferrable copyrights to that image, and the magazine pays the Client for the image, then the Client owes Doxica Productions 100% of that payment + liquidated damages, on demand.
Example #2: If the Client sends an image created by Doxica Productions to a commercial web-site for sale to the public or for other financial gain, without having paid the Production Company for full ownership of all transferrable rights, then the Client owes Doxica Productions 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the Production Company, an additional fee will be paid by the Client to the Production Company for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. The Client agrees to place a simple copyright statement near the image, and notification of use is communicated to Doxica Productions. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
The Production Company reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The Client will not make any changes to any images or videos or sound or graphics content, including, but not limited to; color changes, watermark removal, photo filters, text overlays, re-editing of video content, crop, aspect ratio, image superimposing, or sound editing, without the expressed written consent of Doxica Productions.
The above conditions and terms constitute the full conditions and terms of any work agreement made between the Client and Doxica Productions or any photographer assigned to you by Doxica Productions. By signing a contract for services, you agree to these terms, and agree to indemnify and hold harmless Doxica Productions, and members of the Doxica Team.