Terms & Conditions
Production Service Terms & Conditions
ThirdEye Creative Productions LLC (ThirdEye) and the Client enter into this agreement with the understanding that ThirdEye will perform the production and creative services listed on the proposal, estimate, statement of work (SOW), and or invoice in exchange for the agreed service fees under the following terms and conditions.
Statement of Work
The services and deliverables for all projects or events will be outlined by an estimate, quotation, OR a statement of work, herein referred to as the “proposal.” All proposals must be approved by the Client prior to starting work.
All projects and events are subject to the following payment terms:
Initial Minimum Deposit
The initial minimum deposit required to start a project is fifty percent (50%) of the current pricing within the proposal provided to the client. A deposit payment is required prior to starting work, unless otherwise communicated by the ThirdEye Event Producer in writing.
Special Deposit Requirements
Some projects or events may require more than a 50% initial minimum deposit OR a milestone payment schedule OR expedited payment. Such special deposit requirements will be communicated by the ThirdEye Event Producer prior to the approval of the estimate, quotation, or SOW.
The final invoice will be the total remaining balance owed and will reflect any changes that were made prior to or during the event. All changes to the final estimate require a minimum Client email approval. The final invoice will be Net 30 payment terms, meaning invoice payment is due on or before 30 days from the invoice date.
ThirdEye accepts credit card, wire transfers, and check payments. Information on how to pay the invoice will be stated on the invoice. Please note that a 3.5% credit card processing fee may apply to all credit card payments.
If Client cancels the event or project more than 30 days prior to starting work, no cancellation charges shall apply except for any expenses actually incurred by ThirdEye.
If Client cancels the event or project less than 30 days days prior to starting work, the Client shall pay a cancellation charge equal to 50% of the charges reflected on the latest estimate, quotation, or SOW; and any additional expenses incurred by ThirdEye.
If Client cancels the event or project less than 14 days from the first day of the event or project start date, the Client is subject to a cancellation charge equal to 100% of the total estimate of charges described on the most recent version of the proposal. All cancellations must be in writing to ThirdEye.
Moving an event day less than 14 days from the first day of the event or project will be treated as a cancellation, unless another agreement has been made in writing.
ThirdEye normal pricing structure is based on day rates for 10-hour days, plus time and a half hourly rates for any overtime above 10-hours per day, and double time hourly rates for weekend and holiday labor. Notwithstanding the normal pricing structure, hourly labor rates, minimum calls, overtime labor rates, daily labor rates and per diems apply and are based upon prevailing rates and practices at the venue where the Event is being held and the business division providing the equipment and services. Labor estimates were developed based on information provided by the Client. All Labor calls are subject to a minimum charge period based on local venue rules, servicing division policies, and or Union rules, as they may apply. In the event that the employee works more hours than estimated in the proposal, the Client will be billed the appropriate prevailing or premium rate for the additional hours worked.
Original Content Ownership and Intellectual Property
At time of project completion, with no outstanding balances on that project; the delivered final project and its components are owned by the Client, unless other special licensing requirements are communicated. The Client understands that ThirdEye will reserve the right to display final work on our website or in promotional materials. Should the Client like to limit the display of final work, the Client must submit the terms of such limits in writing to ThirdEye at Info@TeamThirdEye.com
ThirdEye does our best to create our own content and or use license free content, however if ThirdEye does need to purchase stock imagery, videos, photos, illustrations, or other files to complete your project, all stock license information will be forwarded to the Client at project completion, at which time it becomes the Client’s responsibility to adhere to the stock license use guidelines.
Videography and Photography
ThirdEye and its staff are fully trained and insured to conduct filming and photography services in-person and are not liable for the safety and wellbeing of non-ThirdEye staff at such sessions unless specified in another agreement and or hired by ThirdEye to be a part of the project. All persons to be filmed or photographed must sign an individual release form prior to starting the project.
ThirdEye and the Client hereby acknowledge that both parties may become involved in and or become aware of sensitive and confidential information about each other’s company and agree to protect and keep any information confidential.
ThirdEye is not liable for any loss or damages to the Client’s company in any way; and the Client understands that all final projects are approved by the Client; and therefore final approval by the Client releases ThirdEye from any claims brought against the Client in association with the project.
All equipment must be handled by ThirdEye personnel only. Equipment may not be moved, stored, or serviced by Client or any other party. Client may not operate the equipment unless authorized by ThirdEye. Client will incur additional charges if equipment is moved or relocated by Client or any other party. Client agrees that ThirdEye shall be permitted free access to the equipment at any time before, during and/or after the Event for purposes of set/strike, maintenance, and routine checks. ThirdEye retains all title and rights in and to the equipment and all related accessories.
Damage & Security
Client shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident, or neglect), unless caused by ThirdEye's negligence. In addition to amounts due to ThirdEye in connection with this proposal, Client agrees to pay ThirdEye upon demand for all amounts incurred by ThirdEye on account of lost, damaged and stolen equipment, based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. In addition, Client shall be responsible for rental fees while equipment is being repaired and/or replaced, as the case may be. If security is required by Client or deemed necessary by THIRDEYE to protect the equipment during the Event, Client shall be responsible for all costs in connection with the provision of security.
ThirdEye maintains and services its equipment in accordance with the manufacturer’s specifications and Industry practice. ThirdEye does not, however, warrant or guarantee that the equipment or services being provided will be free of defect, malfunction, or operator error. If the equipment malfunctions and does not operate properly during the Event for any reason whatsoever, Client agrees to immediately notify a ThirdEye representative. ThirdEye will attempt to remedy the problem as soon as possible so that the Event is not interrupted. Client agrees and acknowledges that ThirdEye assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with the Event as a result of inoperable equipment or otherwise.
Client and ThirdEye each hereby forever agree to indemnify, defend and hold harmless the other for any and all claims, losses, costs (including reasonable attorney fees and costs), damages and/or injury to property and persons (including death) as a result of the negligent acts, errors or omissions of each party and their respective employees, agents, representatives and contractors. Client also agrees to indemnify, defend and hold harmless ThirdEye against all claims for copyright, patent or other intellectual property infringement including claims for licenses and royalties, as a result of ThirdEye’s use of any and all, without limitation, Client provided materials, recordings, transmissions, videos, software, hardware etc., in connection with the Event or Project
Limitation Of Liability
Under no circumstances will ThirdEye be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise in connection with the Event.
Performance under this Agreement may be delayed due to unforeseeable and unavoidable delays caused by federal, state or municipal actions, statutes, ordinances or regulations; acts of god, hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or other labor disputes; or other unforeseeable incidents outside of any responsible party's control which shall make such performance impossible and/or impractical. The party whose performance is so delayed shall give notice of the delay and its cause to the other party to whom performance is owed within five (5) days of the commencement of such delay. Cancellations related to COVID-19 do not apply to the force majeure clause unless previously agreed upon in writing, otherwise all cancellations related to COVID-19 will be governed by the cancellation policy within.
This proposal shall be governed and interpreted in accordance with the laws of the state of Pennsylvania (without regard to conflicts of law rules). Any litigation relating to this agreement shall be brought in the courts of Dauphin County, PA, with all parties waiving any right to challenge such forum selection on the basis of personal jurisdiction. The provisions of this proposal may only be modified by written agreement signed between the parties.
Additional Terms & Conditions
From time to time, additional Event-specific terms may also be included throughout the proposal. Any such additional terms shall be in writing and may be added by addendum signed by both parties to this agreement (including by email authorized by each party). Client understands and agrees to any additional provisions contained within the Event Proposal.
This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
In the event ThirdEye and the Client decide to enter into a different master agreement, such agreement shall super cede the terms and conditions stated within unless otherwise noted.