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Terms and Conditions
These Terms and Conditions ("Agreement") are entered into by and between Gibela Studios ("Agency") and the client ("Client") for the provision of photos and video services (the "Services").
2. Ownership and Usage Rights
2.1. Ownership: Gibela Studios retains all commercial rights to the content produced under this Agreement, including but not limited to any final edited video or photos created.
2.2. Usage Rights: Upon full payment by the Client, Gibela Studios grants the Client a non-exclusive, worldwide, and perpetual license to use the final edited video or photos solely for the Client's internal business purposes. The Client is prohibited from transferring or sublicensing the content to any third party without Gibela Studios' prior written consent.
2.3. Deliverables: Gibela Studios will only deliver the final edited video or photos. The Agency's deliverables do not include raw footage or raw photos. The Client can purchase raw footage and photos as an additional fee. The additional fee varies depending on the project and should be confirmed at the beginning of the project. No performance, results, or quality guarantees are made by Gibela Studios
2.4. Gibela strives to deliver the highest quality services in a timely manner. A successful partnership relies on timely, honest, and detailed feedback.
2.5 Reference Photos and Videos: While we welcome reference photos or videos provided by the client as a guide for the desired output, please note that we cannot guarantee an exact replication of these references in the final edited material. Our editing process aims to enhance and showcase the property in the best possible manner.
3.1. Payment Terms: The Client agrees to pay Gibela Studios the agreed-upon fee for the Services as specified in the project proposal or invoice. Full payment is required for the Client to obtain usage rights to the content.
3.2. Payment Methods: Payments can be made via Zelle, Credit/Debit Cards or ACH bank transfer as detailed in the invoice.
3.3 Property Readiness: It is the client's responsibility to ensure that the property is fully prepared and staged for the photography or videography session. This includes decluttering, cleanliness, lighting adjustments, and any other necessary preparations. Any delays or hindrances due to property readiness issues may impact the shoot and may incur additional charges if it results in prolonged or additional sessions.
3.4. Additional Hours: Any additional hours of photography or videography beyond the initially agreed upon duration will be subject to additional charges at the rate of $185/hour for photoshoots and $250/hour for video shoots. This includes any extra time required due to unforeseen circumstances, additional shots, or extended sessions.
3.5 Rescheduling and Cancellation: Cancellation of bookings must be made via 24 hours prior to the actual job date/time for real estate agents, for builders and one off projects 3 days notice for cancellation is required. Cancellations must be made in writing via email to firstname.lastname@example.org.
Cancellations will in incur the following fees :
Real Estate Shoots
50% of job value if canceled 24 hours prior
100% of job value if we arrive on site and the home can not be photographer
4.1 - Gibela Studios provides services according to our standard policies and procedures. We reserve the right to reject clients for any reason.
4.2 - Gibela’s rules, policies, and operating procedures may change at our discretion. This includes pricing and package inclusions.
4.3 Delivery Timeline: While we strive to deliver final edited images and videos within 3-5 days of the shoot, it's important to note that each project is unique, and we do not commit to specific delivery times. Due to the variability in projects, we cannot guarantee exact delivery timelines. Any delays arising from unforeseen circumstances or technical issues will be promptly communicated to the client.
5. Liability and Indemnification
5.1. Limitation of Liability: Gibela Studios shall not be liable for any direct, indirect, consequential, special, or punitive damages, including, but not limited to, loss of profits, data, or business interruption. The Client acknowledges and agrees that any claims, damages, or remedies are limited to the total amount paid by the Client for the Services.
5.2. Indemnification: The Client agrees to indemnify and hold Gibela Studios harmless from and against any claims, liabilities, damages, or expenses arising out of the Client's use of the content provided by Gibela Studios.
Either party may terminate this Agreement by providing written notice to the other party. In the event of termination, the Client shall cease using the content provided by Gibela Studios, and no refunds will be issued.
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the provision of the Services.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Georgia]. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Georgia.
Gibela Studios reserves the right to update or change these Terms and Conditions at any time without prior notice. Changes to the terms will be effective upon communication. It is the Client's responsibility to review these Terms and Conditions periodically for any changes.
10. Respectful Communication: Due to our high-volume business nature, we have many clients, the majority of whom are pleasant to work with. However, we occasionally encounter clients who are rude, impolite, and disrespectful. We will not tolerate such behavior and will cancel their projects immediately without warning. No refunds will be made in this case, with no exceptions.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings.It is governed by Georgia Law