FALLON FILMS FULL TERMS AND CONDITIONS

This agreement between the undersigned company (hereafter “COMPANY”) and the undersigned client, (hereafter “CLIENT(S)”) governs the assignment (hereafter “SERVICES(S)” or “EVENT(S)”) described in the accompanying event contract, and along with these Terms and Conditions, constitutes the entire agreement between the parties concerning that assignment.

ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. All correspondence in regards to this agreement will be done by the COMPANY with the CLIENT(S) via one or both of the aforementioned CLIENT email addresses only. The COMPANY declines any request to discuss this agreement via text message.

CANCELLATION OF EVENT/SERVICE or CHANGE OF HEART (FORCE MAJEURE): Once received, retainer fees and subsequent payments made by the CLIENT to the COMPANY are non-refundable. The COMPANY is under no obligation to refund any monies received, balance payment included, due to the aforementioned EVENT/SERVICE being postponed due to reasons including but not limited to injury, illness, death in the family, act of God, act of terrorism, Government mandated orders, venue cancellation, or any other cause beyond the control of either the CLIENT or COMPANY. To terminate this agreement due to the cancellation of the EVENT and/or SERVICE for any reason, the CLIENT will be required to sign a ‘Notice of Event/Service Cancellation’ document provided by the COMPANY. The CLIENT is responsible for any and all cancellation fees associated with items purchased by the COMPANY in preparation for the original EVENT and/or SERVICE date (including but not limited to plane tickets and hotel deposits). Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to retain any monies already paid, not attend the EVENT(S), not complete SERVICES and take legal action to retrieve monies owed. Once a ‘Notice of Event Cancellation’ document has been signed by the CLIENT, the CLIENT has settled their reimbursement invoice with the COMPANY (if applicable), and the CLIENT is deemed to be in good standing with the COMPANY, only then may this agreement be terminated by the COMPANY due to an EVENT and/or SERVICE cancellation.

POSTPONEMENT OF EVENT/SERVICE (FORCE MAJEURE): Once received, retainer fees and subsequent payments made by the CLIENT to the COMPANY are non-refundable. The COMPANY is under no obligation to refund any monies received, balance payment included, due to the aforementioned EVENT being postponed due to reasons including but not limited to injury, illness, death in the family, act of God, act of terrorism, Government mandated orders, venue cancellation, or any other cause beyond the control of either the CLIENT or COMPANY. To terminate this agreement due to the EVENT and/or SERVICE being rescheduled for any reason, the CLIENT will be required to sign a ‘Notice of Event/Services Cancellation’ document provided by the COMPANY. The COMPANY does not guarantee availability for any rescheduled EVENT and/or SERVICE date(s). A rescheduled EVENT/SERVICE must be completed within the same calendar year of the original EVENT/SERVICE date or CLIENT agrees to forfeit all retainer payments made to COMPANY.

The CLIENT agrees to pay a re-scheduling fee of $150 to select a new EVENT/SERVICE date for their existing EVENT/SERVICE reservation. Subsequent requests to reschedule an EVENT/SERVICE date will require a re-scheduling fee of $350 per request. A rescheduled EVENT/SERVICE must be completed within the same calendar year of the original EVENT/SERVICE date or CLIENT agrees to forfeit all retainer payments and re-scheduling fees made to COMPANY. Failure to submit the required scheduling fee shall result in an immediate termination of the original agreement, cancellation of the original and/or new EVENT/SERVICE reservation with no further obligation to the COMPANY and the COMPANY shall retain any monies already paid.

The COMPANY does not guarantee that they will extend the original contracted rate to the CLIENT for any postponed/rescheduled EVENT/SERVICE. The COMPANY reserves the right to quote EVENTS/SERVICES at the current base rate(s), a-la-carte rate(s), travel fee(s) and/or taxes. The CLIENT is responsible for any and all fees associated with the rescheduling of items purchased by the COMPANY in preparation for the original EVENT/SERVICE date (including but not limited to plane tickets and hotel deposits). The CLIENT will be required to settle their reimbursement invoice before contracting the new EVENT and/or SERVICE date with the COMPANY. Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to immediately terminate this agreement with no further obligation, retain any monies already paid, not attend the EVENT(S), not complete SERVICES and take legal action to retrieve monies owed. Once a ‘Notice of Event/Service Cancellation’ document has been signed by the CLIENT, the CLIENT has settled their reimbursement invoice with the COMPANY (if applicable), and the CLIENT is deemed to be in good standing with the COMPANY, only then may this agreement be terminated by the COMPANY due to an EVENT and/or SERVICE postponement.

PAYMENT PLANS: Once received, retainer fees and subsequent payments made by the CLIENT to the COMPANY are non-refundable. In the event the COMPANY is unable to obtain a recurring payment from the CLIENT on the scheduled due date, the CLIENT will have 48 hours to remit payment due. After 48 hours, the COMPANY reserves the right to immediately cancel any upcoming EVENT/SERVICE reservations until the CLIENT has settled their outstanding invoice. The COMPANY does not guarantee that they will extend the original contracted rate to the CLIENT for any re-scheduled EVENTS/SERVICES. The COMPANY reserves the right to quote EVENTS/SERVICES at the current base rate(s), a-la-carte rate(s), travel fee(s) and/or taxes. The CLIENT is responsible for any and all fees associated with the rescheduling of items purchased by the COMPANY in preparation for the original EVENT/SERVICE date (including but not limited to plane tickets and hotel deposits). The CLIENT will be required to settle their reimbursement invoice before contracting the new EVENT and/or SERVICE date with the COMPANY. Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to immediately terminate this agreement with no further obligation, retain any monies already paid, not attend the EVENT(S), not complete SERVICES and take legal action to retrieve monies owed

SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the EVENT(S); or in the event that the safety of the COMPANY is in question.

EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs. All travel, accommodation, meal and transport costs and fees associated are non-refundable once incurred and will be invoiced to the CLIENT accordingly.

TRAVEL EXPENSES: A travel fee may be required for your EVENT/SERVICE. Travel fees are: $500 for locations within Georgia, outside Metro Atlanta, GA, $1500 for Continental U.S. locations and $3,000 for all other locations. All travel fees, once paid to the COMPANY, are non-refundable. CLIENT will be responsible for flight, lodging, ground transportation and/or meal expenses for the COMPANY when applicable. All travel fees must be paid upfront and prior to the EVENT and/or SERVICE date(s). The COMPANY will make their own travel arrangements. The CLIENT is strictly prohibited from making travel arrangements on behalf of the COMPANY.

VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.

PERMITS: The CLIENT is responsible for researching and acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services prior to the EVENT(S). The CLIENT is also responsible for parking fees associated with all locations on which the COMPANY will be performing services.

FILM AND COPYRIGHTS: The video files produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicit written permission. Original files also known as .RAW files are not available for purchase by the CLIENT. The COMPANY grants the CLIENT permission to download video files from their online gallery and/or Image USB and reproduce the video files for the CLIENT’s personal and company use, including but not limited to sharing the video files on social networking websites/platforms. The CLIENT must obtain written permission from the COMPANY prior to sharing video files with third-party companies. The CLIENT is strictly prohibited from selling any video file.

An exclusive usage license for video files use including large scale marketing materials (digital billboards, digital flyers), third-party media, news outlets (print and tv), printed materials that will be distributed for payment (books, notebooks, product labels) is available for purchase at an additional fee of $1,500.

The CLIENT is strictly prohibited from allowing third-party companies to use video files produced by the COMPANY without the COMPANY’s written approval. All requests by third-party companies for video files produced by the COMPANY should be directed to the COMPANY at hello@fallonfilms.com for approval and subsequent license fee if applicable. The CLIENT is strictly prohibited from approving third-party usage of video files produced by the COMPANY without the COMPANY’s knowledge or written approval.

CAPTURE AND DELIVERY: The COMPANY will not be held liable for delivering every video file taken at the EVENT(S). The COMPANY will not be held liable to capture every action that occurs at the EVENT(S). The CLIENT understands the COMPANY will do its best to capture images the CLIENT has communicated are ‘must-have’ images, however the COMPANY will not be held liable for failure to capture and/or deliver these video files. The determination of final visuals delivered to the CLIENT is left to the discretion of the COMPANY. The COMPANY agrees to deliver “File USB or Photo Gallery” to CLIENT no later than 5 weeks after the EVENT(S) has taken place. The final total of images delivered will be left to the discretion of the COMPANY. In the event the CLIENT is not satisfied with one or more of the video files captured and delivered (as well as not captured and/or not delivered) by the COMPANY, the COMPANY will be under no obligation to return any monies paid.

POST-PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the video files are left to the discretion of the COMPANY. The COMPANY will not be held accountable for failure to deliver video files of CLIENT and/or EVENT(S) in any specific or assumed editing style. The COMPANY reserves the right to change the COMPANY’s editing style at will and without prior notice to the CLIENT. In the event the CLIENT is not satisfied with one or more of the video files edited and delivered (as well as not edited and/or not delivered) by the COMPANY, the COMPANY will be under no obligation to return any monies paid.

IMAGE RETOUCHING: The final post-production and editing styles, effects, and overall look of the video files are left to the discretion of the COMPANY. Due to the nature of video files, video retouching will not be provided by the COMPANY.

LIMITATION OF LIABILITIES: In the unlikely event that any team member from the COMPANY is unable to perform to the guidelines of this agreement due to an injury, illness, death in the family, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SERVICES(S).

In the unlikely event that digital and/or video files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to theft, and camera/hard drive/equipment malfunction, the COMPANY liability is limited to the return of all payments received for the SERVICES(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or the total paid.

FEE: A non-refundable retainer fee shall be required upon signing of this agreement. The fees and expenses bid or estimated by the COMPANY are for the original job description as presented by the CLIENT. Subsequent changes or actual job conditions may result in additional charges. COMPANY shall seek approval of additional expenses whenever reasonable and appropriate. The COMPANY agrees to minimize any and all unexpected expenses. Nevertheless, unexpected expenses shall be added on as an addition to the originally estimated total and shall be invoiced accordingly.

PAYMENT & LATE FEES: The aforementioned non-refundable retainer fee is to begin services and at the time of signing of this agreement. The remaining balance payment schedule is listed above. In the event the COMPANY is not able to obtain retainer payment by the due date, the COMPANY shall have the right to immediately terminate this agreement with no further obligation. In the event the COMPANY is not able to obtain balance payment by the due date, the CLIENT will be billed by the COMPANY a daily late fee of $25.00 per day until a successful payment is received by the COMPANY. In the event the CLIENT fails to remit balance payment as specified within 7 days of the due date, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).

RETAINER FEE GUARANTEE: Services are not considered contracted or definite until a retainer fee has been successfully received by credit, debit, or electronic check along with this signed EVENT agreement.

Upon purchase of any SERVICE or EVENT provided by Fallon Films, you agree to the Terms & Conditions above.