Farallon Productions – Master Terms and Conditions

These standard terms and conditions apply to all estimates, invoices, and services provided by Farallon Productions (“Creator”). By accepting an estimate or rendering payment, the client (“Client”) agrees to be bound by the terms outlined below

1. Payment Terms & Schedule

  • Standard Schedule: A signed estimate and a non-refundable deposit of 50% of the estimated total are due upon acceptance to secure the production booking, unless previously agreed upon in writing. The remaining 50% (remainder of the invoice) is due upon delivery of the first draft.
  • Discount Option: If the Client elects to pay the full invoice (100%) upon receipt and prior to the start of production, 3% discount will be applied to the total fee.
  • Incidental Expenses: Unless specifically itemized on the estimate, travel, parking, tolls, and on-set meals for full-day shoots are not included and will be billed at cost on the final invoice.

2. Usage License, Copyright, & Promotion

  • Exclusive License: Subject to full payment, Farallon Productions grants the Client an Exclusive license to use the final delivered work (“Work”) worldwide for an unlimited time. Permitted media includes Website, Social Media, and Print. Any other use of the Work requires a separately negotiated license.
  • Transfer of Rights: License usage rights are strictly transferred only upon full payment of the invoice. Failure to make payments voids any license granted and constitutes copyright infringement. All rights not specifically granted in writing, including copyright and ownership of raw files, remain the exclusive property of Farallon Productions.
  • Portfolio & Self-Promotion: Despite the exclusive license granted to the Client, Farallon Productions retains the right to use the completed Work, as well as behind-the-scenes media, for its own portfolio, website, award submissions, and self-promotional purposes, unless a formal Non-Disclosure Agreement (NDA) is executed prior to production.

3. Estimate Validity, Cancellations & Postponements

Estimates are valid for 14 days from the date of issue.

  • Cancellation Policy: In the event of a cancellation, the Client will receive a credit toward future work minus the following cancellation fees:
    • Within 14 Days of production: 25% of total fees, plus all incurred expenses.
    • Within 48 Hours of production: 50% of total fees, plus all incurred expenses.
    • Within 24 Hours of production: 100% of total fees, plus all incurred expenses.
  • Postponement & Weather: If the Client requests to reschedule a production date within 48 hours of the shoot, a postponement fee may apply. In the event of inclement weather for outdoor productions or on-site documentary work, Farallon Productions will work with the Client to secure an alternate date at no additional penalty, provided the decision to postpone is made at least 12 hours prior to call time.

4. Revisions, Deliverables, & Archiving

  • Revision Rounds: The estimate includes up to two (2) rounds of Client revisions on the first draft. Any additional revisions or changes to the original scope will be billed at our standard hourly editing rate.
  • Format Creep: Final deliverables will be provided in the aspect ratios and formats explicitly outlined in the approved estimate. Re-formatting, cropping, or versioning the Work for different social media platforms (e.g., re-framing a 16:9 video to 9:16 for Reels/TikTok) constitutes additional post-production work and will be billed as a separate scope.
  • Archiving & Data Storage: Farallon Productions will deliver the final Work via digital download. It is the Client’s responsibility to download and secure these files. Farallon Productions will archive final deliverables for a period of six (6) months, and raw media for thirty (30) days following final delivery. After this period, files may be deleted. Requests for extended data storage or delivery of raw unedited media must be negotiated separately.

5. Production & On-Set Policies

  • Artistic Quality: Video and photography are subjective arts. The Client warrants that they are familiar with Farallon Productions’ artistic and interpretive style. Weather, unforeseen lighting challenges, and venue restrictions may cause deviations from our standard approach. Farallon Productions shall have no liability to the Client in the event of a dispute relating to the artistic merit of the delivered Work.
  • On-Set Approvals: For scripted commercial work, corporate interviews, or any set where the Client or a Client Representative is present, their approval of framing, lighting, performance, wardrobe, and overall artistic direction is considered final. If the Client chooses not to have a representative present, they waive the right to request reshoots based on these preferences.

6. Livestreaming & Live Event Disclaimer

For live event coverage and livestreaming services, Farallon Productions will execute the Work on a “best-efforts” basis. Farallon Productions is not responsible for livestream interruptions, audio drops, or recording failures caused by venue power outages, inadequate venue internet bandwidth, or third-party streaming platform malfunctions. The Client is responsible for ensuring the venue provides dedicated, hardwired internet access meeting our minimum speed requirements.

7. Clearances, Music Licensing & Third-Party Assets

  • Model Releases: The Client is solely responsible for ensuring and providing appropriate, signed model and property releases for any subjects or locations featured in the projects.
  • Music & Copyright Strikes: Unless otherwise explicitly stated in the estimate, all provided video content will include standard royalty-free music licensed for web and social media use. Requests for popular, copyrighted music, or licenses for broadcast television or paid advertising, require additional licensing fees. Farallon Productions is not liable for social media copyright strikes or takedowns resulting from the Client using the Work outside the scope of the provided license.

8. Liability & Indemnification

  • Limited Liability: To the fullest extent permitted by law, the Client agrees to limit the liability of Farallon Productions and its associates for any and all claims, losses, costs, damages, or expenses. The total aggregate liability of Farallon Productions shall not exceed $1,000, or the total fee for services rendered on the specific project, whichever is greater.
  • Indemnification: The Client agrees to indemnify, defend, and hold harmless Farallon Productions against any loss, threatened loss, or expense arising out of any claims for damages related to the Client’s use of the Work or the execution of this project.

9. Force Majeure

Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages if prevented from carrying out obligations due to a Force Majeure Event (e.g., extreme weather, natural disasters, strikes, or government mandates), except to the extent that the relevant breach would have occurred even if the event had not taken place.

10. Compliance with CA SB-988 (Freelance Worker Protection Act)

This agreement acknowledges and complies with California SB-988. The standard estimate and these terms serve as the written contract detailing the names and addresses of both parties, the itemized list and value of services, and the schedule of compensation. The Client acknowledges that timely payment is legally required and cannot be conditioned upon the Creator accepting reduced compensation, providing additional services, or granting more intellectual property rights than explicitly agreed to in the contract.