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ReyCast MEDIA

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512-702-1334

ReyCast MEDIA

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filler@godaddy.com

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Terms & Conditions


PAYMENT & FINANCIALS

  • Payment Terms: Payment is due according to the NET terms specified on the invoice. Accepted payment methods include Credit Card, ACH/Bank Transfer, and Company Check.
  • Late Fees: Invoices unpaid after the stated due date incur a late charge of 1.5% per month (18% per annum) or the maximum legal rate allowed under Texas law. Client is fully liable for all collection costs incurred by Producer, including reasonable attorney’s fees, court costs, and administrative expenses.
  • Suspension of Work & Rights: Failure to satisfy invoice milestones or reimbursement demands when due entitles Producer to immediately suspend all active services, freeze upcoming shoot dates, and withhold all deliverables, storage drives, and media usage licenses until all outstanding balances are resolved in full.
  • Governing Law & Venue: These terms and any transaction or dispute arising between Producer and Client shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to conflict of law principles. Any legal action, mediation, or litigation must be instituted exclusively in the state courts situated in Williamson County or Travis County, Texas. Both parties irrevocably submit to the exclusive jurisdiction of said courts and expressly waive any right to a trial by jury.


RETAINER & CANCELLATION (KILL FEES)

  • Production Retainer: A non-refundable retainer equal to twenty-five percent (25%) of the total project fee is required to confirm production dates on Producer's calendar and initiate logistics. This fee functions as an earned "Kill Fee" to compensate Producer for reserved gear, blocked studio capacity, and/or administrative pre-production time.
  • Standard Cancellation: Cancellations submitted outside of forty-eight (48) business hours prior to the scheduled call time result in the complete forfeiture of the 25% retainer.
  • Late Cancellation Penalty: Cancellations initiated within forty-eight (48) business hours of a scheduled call time incur a mandatory penalty fee equal to fifty percent (50%) of the total contracted project cost. For productions scheduled on a Monday, the cancellation deadline is the immediately preceding Thursday at the scheduled call time.
  • Notice Requirements & Business Hours: "Business hours" are defined strictly as 9:00 AM to 6:00 PM Central Standard Time (CST), Monday through Friday, excluding official federal holidays. All cancellations, rescheduling requests, and formal scope changes must be submitted in writing via email to info@reycastmedia.com. Unconfirmed text messages, voicemails, direct messages, or third-party communications do not constitute valid legal notice.
  • Incurred Out-of-Pocket Expenses: Client is liable for one hundred percent (100%) of all unrecoverable, third-party, or committed production expenses (including, but not limited to, specialized equipment rentals, venue permits, location fees, hired talent/crew, and vendor deposits) incurred prior to cancellation, plus a mandatory fifteen percent (15%) administrative handling fee. Reimbursement for incurred expenses is due within fifteen (15) calendar days of invoice presentation.


PRODUCTION SCOPE & REVISIONS

  • Feedback Rounds & Scope Boundaries: Standard edited productions include up to two (2) consolidated rounds of feedback. To maintain production cadence, Client feedback must be compiled and delivered in a single, itemized communication per round. Creative changes requested beyond the two standard rounds, or revisions that contradict previously approved milestones ("Scope Creep"), will be billed at an hourly rate of $50.00 per hour, billed in 15-minute increments.
  • Raw Footage Only Scope: When the contracted scope is strictly limited to media acquisition and raw capture delivery, all post-production services (editing, color grading, audio synchronization, motion graphics) are excluded. Any adjustments to the shot list, camera framing, or technical capture profile must be communicated directly to the Producer on-set during the shoot. Once the crew departs the venue, the capture scope is deemed fully complete and final.
  • Client Consultations: Standard project engagements include one (1) 30-minute creative synchronization conference per month of active project duration. Excessive consultations, unscheduled creative sessions, or meetings exceeding this allotment will be billed at Producer's standard hourly rate at Producer’s sole discretion.
  • Technical Defect Remediation: Revisions required due to an objective technical defect attributable solely to Producer (e.g., digital file corruption, dropped frames, audio clipping, or typographical errors directly contradicting client-supplied copy) will be corrected at zero cost with unlimited remediation. Subjective artistic choices, narrative pacing, lighting style, talent performance, and aesthetic color grading do not constitute technical defects and remain governed by standard revision limits.


AERIAL & DRONE OPERATIONS

  • FAA Part 107 Authority: All flight operations are conducted under FAA Part 107 regulations, federal aviation laws, and airspace authorizations. The Remote Pilot in Command (RPIC) maintains sole, unreviewable operational authority regarding flight safety. Flights may be postponed, curtailed, altered, or canceled at the RPIC's sole discretion due to adverse weather (excessive wind, precipitation, visibility), technical telemetry issues, or FAA airspace restrictions.
  • Safety Restrictions: Flight operations will never be conducted directly over uninvolved persons, moving vehicles on public thoroughfares, or within unauthorized restricted air corridors. Client is solely responsible for ensuring the operational flight zone and perimeter are cleared of non-essential personnel.
  • Weather Postponements & Site Clearances: If an aerial operation is postponed or aborted due to safety hazards, weather thresholds, or temporary flight restrictions, Client remains responsible for all travel and logistical preparation costs incurred. Client is exclusively responsible for securing verified ground-access permissions, property owner authorizations, and municipal permits required for take-off, operation, and landing.


ASSETS, OWNERSHIP & DATA RETENTION

  • Standard Ownership (Full Video Production): For standard production agreements, Producer retains all proprietary rights, copyright, raw footage assets, project software files (.prproj, .drp, .aep), sound design libraries, and unrendered source elements (collectively, the "Work Product"). Client is granted an exclusive, perpetual, royalty-free license to distribute and display the completed "Final Deliverable" strictly upon receipt of final invoice payment in full. Access to, or transfer of, underlying Work Product is not included and requires a separate written Buyout Agreement and licensing fee.
  • Conditional Ownership (Raw Footage Services Only): When an invoice specifically stipulates a raw asset acquisition engagement, Producer retains copyright and possession until all invoice balances are satisfied. Upon receipt of final payment in full, Producer grants a complete transfer of ownership and commercial usage rights for the captured raw media files.
  • Inspection & "As-Is" Acceptance (Raw Footage): Raw footage is delivered in native camera recording formats via physical hard drives or secure digital transfer links. Client has seven (7) business days following delivery to inspect files for technical corruption. Following this inspection window, assets are deemed fully accepted in "as-is" condition. Producer assumes zero liability for downstream editing compatibility, third-party software workflows, or creative utility within secondary applications.
  • Archiving & Purge Policy: Producer does not operate as a permanent data storage facility.
    • Full Video Production: Producer’s obligation to archive project media, master files, and raw assets terminates one hundred eighty (180) calendar days following final project delivery.
    • Raw Footage Services: Producer’s obligation to maintain local backups terminates thirty (30) calendar days following transfer delivery.
    • Following these respective timeframes, all project files and raw footage may be permanently purged without notice. Producer holds zero liability for data retrieval, file reconstruction, or file loss.
  • Promotional Showcase Rights: Producer reserves the irrevocable, royalty-free, perpetual, worldwide right to use any portion of the finished deliverables, raw footage, screen grabs, and behind-the-scenes material for portfolio display, promotional showreels, agency case studies, and social media marketing.
  • Algorithmic Platform Clearance (Content ID): Commercial music tracks are synchronized under lawful third-party commercial production licenses. Client acknowledges that automated social media copyright algorithms (e.g., YouTube Content ID, Meta Rights Manager, TikTok) may deploy routine copyright claims upon initial upload. Producer will provide commercial license certificates or project clearance keys within two (2) business days upon written request. Producer is not liable for temporary platform muting, ad account disruptions, or platform strikes caused by automated third-party platform actions.
  • Limitation of Liability: Producer’s cumulative financial liability for any claim, loss, negligence, equipment failure, or data destruction arising under this agreement shall strictly not exceed the total cash amount actually paid by Client to Producer under the specific invoice in dispute.


STAFFING & CREWING SERVICES

  • Non-Solicitation & Conversion Fee: Client agrees not to directly hire, solicit, employ, or contract any crew member, technician, or personnel introduced or provided by Producer for a period of twelve (12) months following the completion of their engagement. Direct engagement or hiring of personnel within this window incurs an immediate, mandatory "Conversion Fee" equal to twenty-five percent (25%) of the personnel’s annualized first-year compensation or $5,000.00, whichever is greater.
  • Supervision, Worksite Safety & Insurance: When personnel operate under Client's direct creative or logistical supervision, Client assumes full legal responsibility for workplace safety, premises liability, and equipment care. Client warrants that it maintains Commercial General Liability insurance of not less than $1,000,000.00 throughout the production window. Client assumes 100% replacement-cost liability for any loss, theft, or physical damage to Producer’s equipment caused by Client's personnel, venue conditions, or guests. Crew provided by Producer operate as independent commercial contractors and do not constitute statutory employees of Client for workers' compensation or payroll tax purposes.
  • Labor Standards & Turnaround Penalties: Standard crew daily rates are structured on a ten (10) hour portal-to-portal day (inclusive of a mandatory 30-minute meal break). Billable hours between 10 and 12 are charged at 1.5x the base hourly rate; billable hours exceeding 12 are charged at 2x the base rate. Personnel must be provided a mandatory minimum rest period ("Turnaround Time") of ten (10) continuous hours between wrap time and the subsequent call time. Infringement of turnaround time triggers penalty billing at 2x the standard hourly rate for all encroaching hours.
  • No Injunctive Relief: In the event of any billing dispute, alleged breach, or staffing controversy, Client's legal remedies are strictly limited to actions at law for monetary damages. Client expressly and irrevocably waives all rights to seek preliminary or permanent injunctive relief, court orders, or equitable remedies to restrain, encumber, enjoin, or halt the production, distribution, exhibition, or marketing of any media project associated with provided personnel.


PROMOTIONAL & COMPLIMENTARY PRODUCTION (30-SECOND SPEC AD)

Commercial Valuation & Scope: Complimentary 30-second promotional advertisements are valued at $2,500.00, discounted to $0.00 solely as commercial consideration for mutual marketing benefits. The scope is strictly limited to:

  • One (1) creative pre-production meeting and storyboard presentation.
  • Up to six (6) consecutive hours of single-location production at Client’s commercial address (inclusive of equipment load-in, setup, and teardown). Producer is not obligated to remain on set once the agreed storyboard shot list is captured.
  • Aerial/drone operations governed under Section 4, subject to FAA safety and airspace authorization.
  • Post-production editing delivering one (1) 30-second master file with up to two (2) consolidated rounds of revisions.
  • Commercial music synchronization licensing clearance valid strictly for the twelve (12) month promotional term.

Excluded Costs & Rentals: Third-party production rentals, specialty grip/lighting, location permit fees, paid actors/talent, or wardrobe are excluded. Any requested rental gear or external talent must be approved and funded by Client in advance.


Storyboard Adherence & Decision-Maker Presence: Production will strictly follow the agreed storyboard established during pre-production. Client must have an authorized decision-maker present during the shoot. If the designated representative is absent, arrives late, or departs prior to wrap, Producer will execute production under sole professional discretion based on the storyboard; Client explicitly waives all rights to demand reshoots or dispute aesthetic framing, camera movement, or scene composition.


Talent & Likeness Releases: Client guarantees that all personnel, employees, contractors, and on-screen talent appearing in the production have executed binding talent and likeness release agreements. Client agrees to indemnify, defend, and hold Producer harmless against any likeness, compensation, or privacy claims arising from persons filmed on Client’s premises.


Review Window & Premature Distribution:

  • Following delivery of the initial draft, Client has fourteen (14) calendar days to provide consolidated revision notes or written approval. If Client fails to communicate within 14 days, the draft is deemed fully approved, and the 12-month license clock begins immediately.
  • The production is considered officially completed only upon written sign-off from Client's campaign director or immediate supervisor. Any public posting, streaming, broadcast, or distribution of any draft prior to formal written approval immediately voids complimentary terms and causes the full $2,500.00 production fee to become immediately due and payable.

1-Year Promotional License & Derivative Ban:

  • License Term: Client is granted an exclusive 12-month commercial license commencing upon formal or automated approval.
  • No Derivative Works: Client shall not extract high-resolution freeze-frames, repurpose captured audio for radio/podcast use, or re-edit the footage into shorter cuts (e.g., 15-second cutdowns) during or after the license term. The commercial may only be exhibited as the complete, approved 30-second master asset.

Post-Term Organic Rights vs. Active Paid Advertising:

  • Organic Grace: Following the expiration of the 12-month term, Client may retain and display the approved 30-second video indefinitely on unpaid, organic social feeds, archival portfolio channels, and official websites at zero charge.
  • Paid Advertising Trigger: Any active paid advertising after the 12-month expiration date—including social media boosting, Meta Ads Manager, Google/YouTube Ads campaigns, connected TV (OTT), or broadcast television—terminates the complimentary discount. Client will be invoiced the full $2,500.00 production fee, due within Net-15 days, alongside all third-party music relicensing fees required by publishing rights holders. Client agrees to confirm or verify paid ad spend parameters upon Producer's written inquiry.

Weather & Cancellation Windows:

  • Client is permitted one (1) weather-related reschedule without penalty, determined in accordance with FAA Part 107 safety thresholds.
  • Non-weather cancellations or rescheduling requests must be submitted in writing at least twenty-four (24) hours prior to call time. Cancellations occurring within 24 hours forfeit the complimentary offer; rebooking will require standard commercial pricing ($2,500.00) and our mandatory 25% non-refundable retainer.
  • Irrevocable Portfolio Rights & Liability Cap: Producer retains an unrestricted, worldwide, perpetual, irrevocable, royalty-free license to utilize the finished spot, unedited B-roll, and behind-the-scenes assets for self-promotion, reels, case studies, and social media. The asset is delivered "as-is," and Producer’s maximum financial liability under any legal claim arising from complimentary services is capped at $0.00.

GRAPHIC DESIGN & BRAND IDENTITY SERVICES

  • Scope of Deliverables: Design scopes are explicitly limited to the deliverables itemized on the invoice. A "Logo Matrix" or "Branding Kit" includes the primary logo and its authorized technical variations (e.g., stacked, horizontal, icon mark, favicon), alongside an official color palette (HEX, RGB, CMYK codes) and designated typography styling sheets.
  • Client-Supplied Assets & Warranties: When Client provides existing artwork, sketches, or imagery for digitization, vectorization, or modification, Client warrants that they possess full legal ownership, trademark rights, or explicit licensing permissions for said assets. Client agrees to indemnify, defend, and hold harmless Producer against any intellectual property infringement claims arising from client-supplied materials.
  • Typography & Font Software Licensing: Producer designs using legally acquired typeface software. Final logo assets will be delivered with typography converted completely to vector graphics (outlines). In accordance with standard software End User License Agreements (EULAs), Producer will not transfer or deliver actual font software files (.OTF or .TTF) to the Client. Client is solely responsible for independently purchasing appropriate commercial font licenses for their ongoing internal use (such as website deployment, marketing documents, or stationery creation).
  • Intellectual Property Transfer: Upon receipt of final payment in full, Producer transfers all rights, title, and ownership of the finalized visual brand identity deliverables to the Client. All rejected concepts, alternative variations, sketch files, or unselected drafts generated during the creative process remain the exclusive property of Producer.
  • Trademark & Legal Registration Disclaimer: Producer provides creative, non-legal design services. Producer makes no representations, warranties, or guarantees regarding the legal availability, uniqueness, or capability of the deliverables to be registered as registered trademarks or protected under state or federal intellectual property laws. Client assumes full responsibility for conducting legal trademark searches and securing official registration through qualified legal counsel.


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