Terms & Conditions

​

 

To ensure a smooth and successful collaboration, please review the following terms and conditions that will apply to all our quotations:

• Scheduling and Notice:

  • For production-level projects and shoots requiring multiple personnel, a minimum of one week's notice is required for optimal planning and execution. If such a shoot is requested with less than five (5) working days' notice, we will do our best to accommodate, but please be aware that this may impact the final results and overall quality, and we cannot be held responsible for any dissatisfactory outcomes directly attributable to the short notice.

  • For event coverage (e.g., small events, basic photography/videography), while advanced notice is always appreciated, the above strict scheduling requirements for quality are less critical, unless the specific event requirements necessitate multiple crew members or complex logistics. In such cases, the production-level notice period will apply.

• Cost and Quality Compromise: Should you request a reduction in the quoted cost and engage in negotiations, it's important to understand that this may necessitate adjustments in scope or resources, potentially leading to a compromise in the overall quality of the deliverable.

• Reshoots After Approval: If the client approves the shooting and footage during the production phase, any subsequent request for reshooting during the editing process will incur additional costs, including all associated labor charges.

• Advance Payment: Any requested advance payment must be settled in full prior to the commencement of the shoot.

• Portfolio Usage: Unless explicitly specified and agreed upon in advance, we, as the agency, reserve the right to use behind-the-scenes (BTS) footage and the final edited work for our portfolio and promotional purposes.

• Creative Style and Interpretation: As creative professionals, we have a distinct style and artistic vision. While we always strive to align with your expectations, please acknowledge that our work is viewed through our existing creative lens and inherent biases. An exception may be made if a highly detailed mood board was agreed upon in advance; however, please understand that as humans, our creative interpretations may still be influenced by our individual perspectives.

 

Additional Terms and Conditions

 

 

Intellectual Property Rights

 

• Ownership of Raw Footage/Files: Unless otherwise explicitly agreed upon in a separate written agreement, we retain full ownership of all raw footage, unedited photographs, project files, and any other preliminary materials created during the course of the project. The client is purchasing a license to use the final edited work, not ownership of the raw assets.

• Licensing and Usage: The client is granted a non-exclusive, non-transferable license to use the final edited work for the purposes specified in the quotation. Any additional usage, such as for broadcast, print advertising (beyond initial agreed scope), or resale, will require a separate licensing agreement and may incur additional fees.

• Third-Party Materials: The client is responsible for obtaining all necessary permissions and licenses for any third-party intellectual property (e.g., music, logos, copyrighted images, specific brand elements) that they request be included in the final work. The client indemnifies us against any claims or legal actions arising from the unauthorized use of such materials.

 

Project Scope and Revisions

 

• Scope of Work: The services provided will be strictly limited to those outlined in the quotation. Any requests for work outside of the agreed-upon scope (e.g., additional shoot days, entirely new concepts, significant changes to a confirmed script) will be considered a change order and will require a new quotation and client approval before execution.

• Revision Rounds: The quotation includes a specified number of revision rounds (e.g., one or two rounds of minor edits) for the final edited work. Any revisions beyond this number or major changes that deviate from the initial agreed brief will be subject to additional hourly charges.

• Feedback Timeline: The client agrees to provide feedback on drafts and revisions within a specified timeframe (e.g., 3-5 working days). Delays in providing feedback may impact the project timeline and final delivery date.

 

Cancellation and Postponement

 

• Cancellation by Client: If the client cancels the project, they must provide at least two (2) working days' notice. Regardless of the notice period, the client is liable for all costs already incurred by the agency pertaining to the shoot or project, including but not limited to advance payments made for equipment, personnel, locations, or any other direct expenses.

• Postponement by Client: If the client wishes to postpone the project, a new date must be mutually agreed upon. Any incurred costs (e.g., for already booked equipment or personnel) will be borne by the client.

• Cancellation/Postponement by Agency (Force Majeure): In the unlikely event that we need to cancel or postpone due to unforeseen circumstances beyond our control (e.g., extreme weather conditions, equipment failure, illness), we will make every effort to reschedule the project promptly. We will not be liable for any losses incurred by the client due to such cancellations or postponements.

 

Liability and Indemnity

 

• Limitation of Liability: Our liability to the client for any loss or damage arising from our services shall be limited to the total amount paid by the client for the specific project. We shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or business interruption.

• Client Indemnification: The client agrees to indemnify and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Any breach of these terms and conditions by the client.

  • Any third-party claims related to the client's use of the final work.

  • Any inaccurate or incomplete information provided by the client.

  • Any damage to our equipment or property caused by the client or their representatives.

• Safety and Access: The client is responsible for ensuring a safe working environment at all shoot locations and for providing clear and unobstructed access for our crew and equipment. We reserve the right to cease work if we deem a location unsafe or if our personnel are subjected to abusive or aggressive behavior, with the client remaining liable for all incurred costs.

 

Delivery and Archiving

 

• Final Delivery Format: The final deliverables will be provided in the format(s) specified in the quotation (e.g., high-resolution digital files, specific video codecs). Any requests for alternative formats may incur additional charges.

• Delivery Timeline: We will provide an estimated delivery timeline for the final work. This timeline is an estimate and may be subject to change due to factors such as client feedback delays, unforeseen complications, or scope changes. We will keep the client informed of any significant delays.

• Archiving: We will endeavor to archive project files for a reasonable period (e.g., 6 months) after final delivery. However, we do not guarantee indefinite archiving of raw footage or project files. Clients are encouraged to download and back up their final deliverables immediately upon receipt.

 

Governing Law

 

• Applicable Law: These terms and conditions shall be governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Sri Lanka.