Terms of Agreement

 

1.  This agreement commences on the date that either, 1.) initial down payment is received, or 2.) contract is signed, or 3.) date that project starts filming/shooting, and will continue in effect until the services provided for have been performed or until terminated as provided for below or for a period of 60 days unless sooner terminated.

 

Services to be Performed by Subharmonic City

 

2.  Subharmonic City agrees to perform the agreed-upon services for Client.

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3.  In consideration of the services to be performed by Subharmonic City, Client agrees to compensate Subharmonic City for the services rendered as discussed

 

Indemnification

 

4.  Subharmonic City will indemnify, save harmless, and defend Client from all liability, loss, damage, or injury arising out of or incident to the performance of this agreement, including without limitations, all consequential damages.

 

Termination

 

5.  This agreement may be terminated by either party by giving 10 days’ written notice to the other party.

 

OR

 

 

5.  This agreement terminates automatically on the happening of any of the following events:

death of a party or cessation of payments or refusal by Client to pay Subharmonic City as agreed to in this agreement.

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OR

 

5.  Should the Client at any time become dissatisfied with Subharmonic City’s performance under this agreement, Client may terminate this agreement immediately by giving notice in writing to Subharmonic City, provided that there is a reasonable basis for Client’s dissatisfaction.  Whether or not there exists a reasonable basis for Client’s dissatisfaction, Client agrees to compensate Subharmonic City for work performed and materials provided by Subharmonic City.   

 

Notices

 

6.  Any notice to be given under this agreement by either party to the other may be made by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.  Each party may change his or her or its address by written notice in accordance with this paragraph.  Notices delivered personally are deemed communicated as of two days after mailing.

 

Entire Agreement

 

7.  This agreement constitutes the sole and only agreement of the parties to it, and supersedes any prior understandings of written or oral agreements between the parties respecting this subject matter.  Any oral representations or modifications concerning this instrument will be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged.

 

Attorney’s fees

 

8.  If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he, she or it may be entitled.

 

Governing Law

 

9.  This agreement is governed by Texas law and all obligations of the parties created by this agreement are performable in El Paso County, Texas. 

 

Successors and Assigns

 

 

10.  This agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this agreement.

 

 

 

Legal Construction

 

11.  In the event that any one of more of the provisions contained in this agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provision, and this agreement will be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

 

Prior Agreements Superseded

 

12.  This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter.

 

 

AGREEMENTS

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You may request all raw and unprocessed files created during the shoot for 50% of the project price. You will then own all rights to the footage and may use it as desired. You have 60 days from the date of shooting to request original files. Because of the extremely large file sizes of raw and unprocessed footage and files, the customer must provide a physical media drive sized appropriately in order to transfer the files to. You are responsible for storage thereafter.  After 90 days, all files and materials can be deleted from our storage and become unrecoverable.

 

Unless explicitly stated otherwise, you consent to Subharmonic City’s use of materials and footage for promotional purposes (excluding music videos). Permission will be obtained if we request to utilize full projects for display across social media sites or events.

 

REVISIONS: For each individual project, there are 2 (two) revisions of the final product included. Please carefully review the first draft after it has been sent to you and provide extensive details on which changes you'd like. After the first two revisions are completed, each additional revision will be charged at an hourly rate of $45. Partial hours will be charged at a full-hour rate. 

 

For music videos, you consent to allow Subharmonic City to use, display, and host full project videos on our social media sites for promotional use only. Credit will be given to the artist. You can be given 60 days of exclusivity to show your video on your social media platforms or any other venues prior to Subharmonic City releasing the project on our social media sites. Generally, Subharmonic City will post your video to a specific playlist on our YouTube while the video retains all publishing attributes. 

 

You agree to release Subharonic City from all liability arising from accidents or incidents that may occur while on set, filming, or production.

 

At least one week prior to the beginning of production/shooting, a 50% down payment must be made on the agreed-upon price.

After the project is edited and completed, the remaining 50% balance will be due prior to receiving the final un-watermarked product in digital format.

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The finished project will be uploaded to Google Drive and a link will be provided so that the customer can download all digital files associated with the finished project. The files will remain on Google Drive for a period of two weeks in which time the customer can download as many copies as required. After two weeks, the files will be removed and no longer accessible through the link originally provided. If the customer requires additional downloads after the two week period, an additional upload and hosting fee of $25 will be charged and a new download link will be provided. 

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If the customer wishes to receive the finished product on physical media, they may provide the following media formats at their own cost: thumb drives, external USB hard drives. 

 

If there are no responses or replies to the last known and documented communication within 30 (thirty) days, the project will be considered approved and finalized. Further changes, revisions, additions, and edits will be considered a new project and will incur a new charge and fees based on the work being requested.

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By making any payments to Subharmonic City Productions and/or Hector Gallardo, you are agreeing to these terms and conditions. 

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