Terms & Conditions
This Agreement is between the client being supplied a service or product Herein referred to as “Client” AND Mookey Media Group Inc. Herein referred to as “Mookey Media”. The service is outlined on the estimate that is sent to the Client. The Client understands that by aggreeing to proceed with services, or by signing the esimate, the client agree’s and enters in to a legally binding contract under the following terms:
Materials & Services
A. Client shall supply scripts, storyboards, product props, production notes, music, celebrity talent, filming locations, written text content, creative guidance/supervision, and related clearances, unless otherwise noted in the Project Scope of Work. Client will supply track or musical composition(s) and rights clearances unless otherwise specified.
B. Mookey Media shall deliver the completed project media(s) pursuant to this Agreement and the requirements of the Project Scope of Work.
Revision & changes to Project Scope Work
If post production is a part of the package, Mookey Media offers 2 revisions rounds. Any changes requested beyond the 2nd round of revisions will incur additional charges due to the added hours of work. Mookey Media will provide an estimate for such work before beginning the changes. If at any time the Client desires to make any changes or variations from the completed project, script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Mookey Media, including person hours, reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.
Delivery of Materials
Delivery of the Specified Media(s) shall mean delivery of the referenced media(s) in the Project Scope of Work by Mookey Media to Client.
Client understands that the specified terms of payment under this Agreement are based upon timely cash, credit or certified cheque payments within the required due dates. If Client chooses to defer paying any amount beyond the date on which it is due, Client may be charged at the Producer’s discretion, as additional consideration, an amount equal to the current prime rate +10% (as charged by Mookey Media bank from time to time) on unpaid amounts until paid, compounded monthly.
Client agrees to indemnify, defend, and hold harmless Mookey Media and it sub contractors , employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty or representation in this Agreement. Client shall indemnify Mookey Media against all claims and expenses arising from uses for which the client does not have rights to or authority to use. The client will be responsible for payment of any special licensing or royalty fees resulting from the unauthorized use of graphics, music, video, film, photography, design, animation, and branded content.
This Agreement may not be assigned by either party without the written consent of the other.
Failure to Perform
Due to the limited and subjective nature of the filming, Mookey Media can not be held responsible for
requested photographs or video clips not taken or missed, lack of coverage resulting from weather
conditions, or schedule complications. Mookey Media and it’s subcontractors is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. Clients are responsible for all location fees and
If Mookey Media or its subcontractors , cannot perform this agreement due to a fire, casuatly, strike or other civil
disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other
causes beyond the control of the parties, or due to the photographers and/or videographers illness, then
Mookey Media shall not be held responsible and have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic and/or videography materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Mookey Media.
Title (possession) of and copyright to all products shall remain with Mookey Media until the client has paid
in full. All photos and/or videos are copyrighted. The negatives and/or digital images and/or video
(hereinafter collectively\ images ́ created by Mookey Media and/or subcontractor(s) remain the property
of Mookey Media. It is illegal to copy or scan, reproduce, or post online in forums elsewhere without the
written permission of Mookey Media. Violators of this provincial and federal law will be subject to its civil and criminal penalties.
Completion and Deadlines
It is understood that it takes Mookey Media and subcontractors approximately 2 to 8 weeks
from the day filming to complete the work outlined in the scope of work. Mookey Media reserves the right to extend the completion date due to the capacity of other work at the time of post production. Mookey
Media will make every effort to give written notice of these changes. Client agrees that Mookey Media and
Mookey Media subcontractors, employees and assignees shall have no liability or fault with respect to the final project being sent at a later date than what was originally stated verbally or in writing. Mookey Media will make every attempt to meet deadlines as best as possible.
Images are edited at the photographer and/or videographers discretion, and delivered prints and/or footage may not include all images shot. The Mookey Media reserves the creative right to edit and release only those deemed credible as professional in quality and within the Mookey Media’s artistic standards.
Permission is hereby granted to Mookey Media to use any images created under this contract for
professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other
advertising or marketing purpose.
A deposit of the amount mentioned in this agreement is required to reserve the filming day. No date is reserved until a deposit is received. The balance of the complete package price must be paid by the time mentioned in this agreement. prior to the event. If the deposit payment is not received, Mookey Media will not be expected to attend the filming. If the final balance is not received, Mookey Media reserves the right to withhold all recorded footage until payment is made.
There shall be NO refund of retainer from the signing of agreement due to the reservation of the photography and/or videography date.