Terms and Conditions:
Submission of the form above (“Form”) constitutes your (“the Customer’s”) consent to the terms and conditions (“Terms”) above and below:
Sha La La La Productions (“SL3P”) has no duties or responsibilities under these Terms until SL3P accepts the Customer’s offer. SL3P’s contacting of the Customer to schedule a shooting date shall constitute SL3P’s acceptance of the Customer’s offer.
Offer is limited to one (1) per Customer and shall not be combined with any other offers, or used as a credit towards a custom video project or any other work performed by SL3P.
Shooting Date. Upon submission of the Form, SL3P will contact the Customer to schedule a shooting date.
Content. SL3P shall provide a 30-60 second video (“Video”) which will include Customer’s video message, a licensed background music track selected for best fit by SL3P, the Customer’s name, title and business card, and the Customer’s parting message to Video viewers. If the Customer so chooses, SL3P shall provide a professional headshot (“Headshot”) along with the Video. SL3P is not responsible for developing the content of the Customer’s Video. The Video can feature the Customer speaking about the subject of his/her choosing. If the Customer requires SL3P to write a script for the Video, SL3P will write such a script for an additional fee to be determined by SL3P by the extent of the script-writing required. The Customer is responsible for notifying SL3P at the time the shooting date is scheduled whether or not he/she requires script-writing. The Customer may provide photos, logos or graphics he/she wishes SL3P to include in the Video for an additional fee to be determined by SL3P by the extent of such contents provided. The Customer is responsible for notifying SL3P at the time the shooting date is scheduled whether there are such photos, logos or graphics to be included in the Video, and for providing SL3P with any and all such photos, logos or graphics one (1) week in advance of the Customer’s shooting date.
Payment. The Customer shall pay SL3P offer price of $499 for the Video, or $599 for the Video and script writing or $799 for the Video, script writing and studio space, in full two (2) weeks before the Customer’s shooting date. The Customer shall pay SL3P in full for any and all applicable additional fees discussed in these Terms two (2) weeks before the Customer’s shooting date. The Customer shall pay for all travel fees and costs (“Travel costs”) of SL3P arising from shooting outside of the following counties: MA – Middlesex, Suffolk, and Norfolk. SL3P shall have the option of either estimating Travel costs and notifying the Customer of this estimation, after which the Customer shall pay SL3P these Travel costs in full within two (2) days of notification, or accepting reimbursement from the Customer of SL3P’s Travel costs after such costs are incurred, in which case the Customer shall pay SL3P such incurred Travel costs within two (2) days of SL3P’s demand. The Customer shall pay all Travel costs that exceed the estimate within two (2) days of SL3P’s demand and will be entitled to a refund of the amount by which the estimate exceeds actual Travel costs incurred by SL3P.
Shooting Location. If the Customer requires a space larger than our studio to film the Video, SL3P can provide one for an additional fee of $200, which the Customer shall pay to SL3P two (2) weeks before the Customer’s shooting date. This filming space shall be in only one of two locations, either Newton, MA or Dedham, MA. The Customer shall notify SL3P at the time the shooting date is scheduled whether the Customer requires SL3P to provide this filming space.
Review and Delivery. After shooting the Video, SL3P will provide the Customer with an online link to review the Video, after which the Customer shall notify SL3P within two (2) business days if and what revisions are necessary. SL3P shall only be responsible for completing one (1) round of revisions, if necessary. SL3P shall provide the final Video file to the Customer as a web optimized MP4 file via digital download.
Cancellation and Refund. There shall be no refund of any payments to the Customer of any kind or amount, without SL3P’s express consent, if the Customer cancels the Video shoot less than two (2) weeks before the shooting. If the Customer cancels the Video shoot less than two (2) weeks before the shooting, the Customer shall still be responsible for payment in full of all payments referenced in these Terms. If the Customer cancels two (2) or more weeks in advance of the shooting date, the Customer shall be entitled to a refund of any amount paid to SL3P, less any expenses already incurred by SL3P in relation to these Terms and/or the Video, less any expenses that cannot be avoided notwithstanding the Customer’s cancellation, and less a thirty percent (30%) cancellation fee calculated by reference to the offer price plus any and all additional fees discussed in the Content section of these Terms. If there is a material breach of these Terms by the Customer, SL3P retains the right to cancel the Video shoot. SL3P may also cancel the services to be provided under these Terms at any time for convenience, and in the event of such a cancellation shall return all amounts paid by Customer.
Intellectual Property. SL3P retains the unrestricted right to publish, license, or otherwise use all or part of the content provided to the Customer under these Terms, whether in the form of videos or photographs, for SL3P’s promotional or business development purposes. The Customer represents and warrants that it has any and all necessary intellectual property rights, including but not limited to copyrights and rights to trademarks regarding any additional materials the Customer may provide for inclusion by SL3P in the Video. The Customer agrees to defend against, indemnify for, and hold harmless from, at SL3P’s request, any claims or liabilities arising out of SL3P’s use of the Customer-provided materials in the Video.
Limitation of Liability. SL3P’s maximum liability in connection with these Terms and/or the Video, whether arising from breach of contract, tort, negligence or otherwise, shall not exceed the aggregate fees actually paid by the Customer under these Terms. Under no circumstance shall SL3P be liable for any indirect, incidental, consequential, special, punitive or exemplary damages or lost profits.
Miscellaneous. These Terms constitute the entire agreement between SL3P and the Customer and supersede all previous agreements, written or oral. Customer shall not modify the terms and conditions of these Terms. SL3P may, with notice to and agreement from the Customer, modify the terms and conditions of these Terms. A waiver of any provision of these Terms shall not be deemed to be a waiver of any other provision of these Terms or a waiver of such provision with respect to any future performance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The Customer may not delegate its duties or assign its rights under these Terms without SL3P’s express written consent. Neither party shall be held responsible if the fulfillment of any terms or provisions of these Terms are delayed or prevented by revolutions, or other disorders, wars, acts of enemies, fires, floods, weather, acts of God, or without limiting the foregoing, by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes hereinbefore enumerated or not. These Terms are governed by the law of the Commonwealth of Massachusetts, any claims arising from these Terms must be filed in the trial courts of Suffolk County, in the Commonwealth of Massachusetts, and any litigation under these Terms shall be resolved in the trial courts of Suffolk County, in the Commonwealth of Massachusetts.