QUALITY 

It is the essence of this Agreement that all completed media and services supplied by Producer shall be of applicable production standards similar to the client samples on the producers website. Producer agrees that the media shall be of quality, artistically produced with direction,  photography,  sound,  art, animation, synchronization and other physical and aesthetic content as decided upon in the Agreement.   

ADDITIONAL SERVICES ON REQUEST

The Client, from time to time, may request additional services from Hilo Motion Pictures, LLC in furtherance of enhancing the work described above. These offerings will be made available to Client at the prices listed in the itemized Fee Schedule in scope of services, Client may submit a Creative Brief written or verbally when requesting these services.  A project price discount equal to %25 off the full price will be made for certain services if they run parallel to the current project.  

PAYMENT

Client understands that the specified terms of payment under  this  Agreement are based upon timely payments within agreement specification.  Project pre production will start upon receiving deposit payment and no earlier.  This includes any concepts, development or creative briefs.

1. Within the agreement terms, if client signs agreements but deposit is not sent and received by producer within 10 working days, the project is subject to $200.00/per day postponement fee.

2. Within the agreement terms, if client signs agreements but deposit is not sent and received by producer within 130 working days, the project is subject to $500.00/per day postponement fee.

3. Within the agreement terms, if client signs agreements but deposit is not sent and received by producer within 10 working days, the project is subject to $1000.00/per day postponement fee.

Cancellation Fees 

These cancellation times are to be measured by standard business days, excluding weekends and public holidays. SHOOT CANCELLATION POLICY. This includes verbal agreements and quick turnaround time projects that current clients engage in where time is limited and documentation is not created by the shoot time. In these cases we allow this as email, text and verbal communication of the project with the acceptance of the date as a “shoot date” and our arrival to the spot and agreement to do the project is a binding contract and all services, terms and article apply including standard pricing without discount.

VIDEO PROJECT CANCELLATION 

If Client cancels the production of the Video project the follow costs and liabilities are standard policy and agreed upon by client and producer.  These prices will be non-negotiable under any circumstances besides under the terms of Forces Unknown and State of emergency policy.  If no initial deposit was made, a nonrefundable cancellation fee of 25% of the total agreed upon project budget reflected in this agreement is to be paid to the Producer immediately upon official cancellation of the project. If notice of cancellation/postponement is given more than halfway through the production schedule of the job, that is between the award or start date and the final delivery date, whichever comes first, the Client will be liable to the Producer for the full cost of the job as a bid. These terms and times are sited in If the job is canceled or postponed within the guideline time frame, it is unlikely that this time can be re-booked. It should be understood that this time represents the Production Company’s only source of income.

INCLUDES ALL SERVICES INCLUDED IN ORIGINAL AGREEMENT III. SCOPE OF WORK - ADDENDUM A OR Pre-Production, Production, Post-Production, Animation, Cast, Crew and Scope of service.  Anything agreed upon verbally and written by client and producer included.

Before Shoot Date is scheduled:

1. 1/4th or 25% of the project scheduled timeline, Client will be fully liable for 40% of the full production price, costs and budget.

2. (b)½ or 50% of the project scheduled timeline, will be fully liable for 60% of the full production price, costs and budget.

3. 3/4ths or 75% of the project scheduled timeline, Client will will be fully liable for 100% of the full production price, costs and budget. Anything there after is 100% of the project price.

After Shoot Date is scheduled: 

1. 30 Calendar days prior to the scheduled shoot date, Client will be fully liable for 50% of the full production price, costs and budget.

2. (b)20 Calendar days prior will will be fully liable for 75% of the full production price, costs and budget.

3. 10 days prior, Client will will be fully liable for 100% of the full production price, costs and budget.

Studio Rental or Location Cancellation Policy

All studio bookings are non-refundable once booked. Client can reschedule at least 10 days prior to Client’s scheduled booking with no additional cost however dates are subject to studio bookings and any date forthwith is not promised to client or will have the same crew, cast and or set design. In the circumstances of severe weather, terrorism, or acts of God, Client’s studio rental can be rescheduled at any time with no penalty.  Location schedule wether it be home or permitted area is paid for upfront in full and is non refundable without written notice of 14 days before shoot day on some occasions.  This is not promised as different locations have different terms.  

Camera, Lighting, Pyrotechnics and Purchase Cancellation Policy

Producer can cancel a camera rental request before it is accepted, more than 72 hours before the start date, or within 1 hours of the request being accepted and the rental is fully refundable. If the Renter cancels within 72 hours of the rental pick-up date, they will receive a 50% refund. If canceled within 24 hours of the rental pick-up date, the rental is non-refundable. Rental cancellation fees are imposed at Owner’s discretion. This is not promised as different vendors  have different terms.  

All equipment, rentals and purchases for the production will be property of Hilo Motion Pictures LLC as most of the equipment can be hazardous for storage, safety and use.  Pyrotechnics are non refundable and non negotiable.   As the producer takes on the insurance liability, there is no transfer of materials goods or product to client or outside establishments or 3rd parties and will be disposed of properly.  Any additional travel or relocation of pyrotechnics will be subject to a hazardous material transport fee and team dedicated to follow the safety terms and insured for such incidents or accidents caused by products.

FORCES UNKNOWN
"Force Unknown" means superior force. Such forces could include fire, earth quakes, labor strikes, war, civil unrest, tsunamis, or hurricanes. Cancellations DO NOT apply to rain, potential rain, fog, heat, or other usual weather occurrences. And reimbursement of any production rental equipment, travel expenses already made, etc., will still be owed to production company even in case of Forces unknown cancellation. 

INDEPENDENT CONTRACTOR

It is understood that Producer’s status under this Agreement is that of an independent contractor and that all persons engaged by Producer in performing its obligations shall not be deemed employees of Client. 

SECURITY/CONFIDENTIALITY

Producer understands that some information for said media(s) may be of a confidential and/or sensitive nature. Producer agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the  Specified  Media(s)   except   as   such   disclosure   may be necessary for Producer  to  produce  media(s)  in  the  usual  and customary  manner under this Agreement. Standard Production Workday/Overtime 

Standard production workday is up to 8 hours including a one hour meal break 1 hour setup and 45 minute takedown.  An additional meal break is required after the 10th hour if time is exceeded. Work performed over 10 hours will be billed at one and one half hours of the of the hourly rate of a 10 hour workday up to the 14th hour. Hour 14 and beyond will be billed at double-time of the hourly rate of a 10 hour workday. Overtime will be billed in 1⁄4 hour increments. Day Rate will typically begin at the crew arrival or (call time) for  studio or location and is required to be at studio to begin camera/production set-up, or at time Camera Operator is required to pick up and transport production equipment from studio or other location to shoot location. For out of town shoots involving travel, Day Rate will begin at time Production crew is required to leave home location or be at airport, train station, etc to travel to shoot destination, or, if required, at pick up production equipment from studio or other location to take along to airport, or other transportation facility. For local travel shoots (shoots within 30 miles of industry standard location Los Angeles) requiring Camera Operator to use own vehicle, Standard Production workday will begin at “call time” at location or studio. If shoot location is within 20 miles of Orange County (Newport Beach) it is considered a “local shoot” and travel time will not be billed Any shoot located beyond a 25 mile radius from industry standard point (Orange County) will be and is considered an “out of town” location shoot. Filming day 

Other Travel Policies 

INDEMNIFICATION

Client shall indemnify, defend and hold Hilo Motion Pictures, its affiliates, employees, contractors and agents harmless from and against all claims, demands, debts, obligations or charges (including attorney fees and disbursements) which arise out of or result from the use, transmission or distribution of Materials furnished by or on behalf of Client or furnished by Hilo Motion Pictures at Client’s direction for use in connection with the Services, Hilo Motion Pictures any third-party’s Likeness in connection with the Services, Hilo Motion Pictures use of any real property in connection with the Services, (iv) the bodily injury, sickness, disease, or death of any third-party in connection with the Services, and/or (v) any breach of any representation or warranty by Client under these Terms and Conditions. Hilo Motion Pictures will indemnify, defend and hold Client, its affiliates, employees, contractors and agents harmless with respect to all Materials furnished by Hilo Motion Pictures of its own accord. The indemnity shall promptly notify and cooperate with the indemnitor with respect to any claim. The provisions of this paragraph shall survive the termination or expiration of this contract.

HILO MOTION PICTURES COPY-WRITE POLICY

Our work, art and film techniques, tools and digital assets are our brand and set to brand standards which we implement into every project no matter what size the production.  Our Color grading, editing tools and software/hardware are all custom designed with customized plugins and integrations created for the Hilo Motion Pictures brand.   They are solely owned by Hilo Motion Pictures LLC and are not transferable or for sale.  Licensing under guidelines is our usual approach as we maintain the highest video production standards and cinematic look for all of our brand content.  

We operate a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to clients production for the specified projects and scope of service which equates to the final produced video deliverable.  Any use, recuts or revised social or marketing platform versions will need to be approved by Hilo Motion Pictures and align with our brand standards.  

1. Payment in full is received from you for all outstanding invoices;

2. You grant us a royalty free license to use all copyright in the media produced by us for our own promotional purposes such as on our website or otherwise;

3. All design concepts such as logos, themes, plans, models together with all copyright in any music shall remain vested in us and shall be made available to you on license save that you shall only be permitted to use such material and design concepts for the purpose identified in the brief;

4. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.

THIRD PARTY PERMISSIONS  

To the extent Client is required to procure on Hilo Motion Pictures LLC’s behalf (a) the right and permission to use, reuse, license others to use, publish, republish, photograph and record a third-party’s name, image, movements, or voice (“Likeness”), (b) the right and permission to use certain real property for the purpose of photographing, recording, and videotaping scenes, both exterior and interior, for film or video production, and/or © a release from liability for any personal injuries, death, or damages to any third-party, it shall be Client’s sole and exclusive responsibility to secure such rights and permissions and cause to be executed. 

ENTIRE AGREEMENT AND MODIFICATION

This Agreement and any Addenda attached hereto shall constitute the entire agreement between Producer and Client. Any amendment hereto must be in writing and signed by each party.

OWNERSHIP & USE OF MATERIALS

All content created or produced by Hilo Motion Pictures  is owned solely by Hilo Motion Pictures  The final product(s) is exclusively licensed to the Client for global, perpetual use upon final payment.   Final Product or Deliverable is defined as the final video product delivered in .mp4 format in the final 

We will not provide footage to any third party without written consent from the primary client we are in contract with. 

An admin fee may be charged if assets are required after the project has been signed off. 

All Raw, Project and animation or cgi source files including custom color grades and imaging is subject to transfer, hard drive and time fees. We reserve the right to use any completed video and original footage obtained during the project for our own promotions. (Including online portfolio, online marketing, showreel and promotion via social media platforms etc.) unless otherwise stated by the client.

Content created for a specific project cannot be used in any other project or future content without specific agreement.

Once work is signed off, we will always endeavor to maintain a master copy of all production files and videos however cannot be held responsible for any damage to such files.  It is therefore the responsibility of the Client to safely store finalized products after the date of completion. Any Client logo that has been animated by Hilo Motion Pictures should not be re-created or re-used without permission in external projects. Hilo Motion Pictures are under no obligation to provide raw files, assets, stems or rushes to any client without prior agreement under special circumstances.  These include:

• Project Files .proj

• After Effects/CGI .mov .ae .obj .dll

• RAW FOOTAGE: 10Bit Apple Pro Res 422, Hq, RAW and 6K RAW footage

• Color Luts (which are needed to open project files with color provided) and can only be licensed for the 1 project.

Hilo Motion Pictures Brand Color System -- Custom Color Grading Creative Looks and Technicolor Cinema Raw which have been developed over 12 years.  These can only be licensed and not reproduced or distributed.  These are 1 time use for Main project.  Any use there after for Social media cuts, photos ect will be subject to royalty fees per second of video or per photo.

• 1 Photo: (online, web, social) $175.00

• 1 Video (online, web, social) $175.00

• 1 GIF (online, web, social) $175.00

• 1 Video National or Commercial: $900.00

• 1 photoNational or Commercial: $500.00

• 1 Gif National or Commercial: $400.00

EQUAL OPPORTUNITY, SET ETIQUETTE AND HUMANITARIAN CLAUSE

Hilo Motion Pictures promotes positive work environment, safety and humane treatment.  We are family and therefore treat our clients and partners as such.  In connection with its performance hereunder, Producer agrees not to discriminate against any employee or applicant because of race, religion, sexual orientation, color, sex, national origin, age, disability, or any other factor protected by federal, state or local law.   Any misconduct or unwarranted advances towards company persons of producer, crew, talent or location/studio team is absolutely not tolerated.   If at any time anyone in the Hilo Motion Pictures team feels threatened or uncomfortable/unsafe in anyway from team of client, the contract and agreement will be in breach and 100% off all fees will be due and the full project cancelled.   This includes: Directly cursing, sexual misconduct or misleading gestures.  Talking down or degrading behavior, racist remarks, political and religious debates, topics deemed  In appropriate by the director of the production and CEO of Hilo Motion Pictures.  In summary, be nice, kind and professional at all times while on set and working with our team..  This has no wiggle room and there is no discussion of the matter.  100% enforceable for any matter aligning with this type of etiquette.  

TERMINATION

Hilo Motion Pictures reserves the right, upon written notice, to cancel this contract upon default by Client of any of the terms hereof (including, but not limited to, failure to pay Fees in a timely manner) or in the event performance hereunder would violate any law, regulation, judgment, order or decree applicable to the Hilo Motion Pictures or Client. Upon such cancellation, all Fees for services rendered up to the date of cancellation and any Additional Fees incurred by Hilo Motion Pictures shall become immediately due and payable.Client reserves the right to cancel this contract upon default by Hilo Motion Pictures of any of the terms hereof upon prior written notice and observes the cancellation policy rates and billing.

APPLICABLE LAW

This Agreement shall be interpreted and governed by the local laws of the jurisdiction where by the  Production  Company office authorizing this Agreement is located. Copy write is handled federally and at a state level and negotiations with our company leads only.

ADDITIONAL FEES

A fee of $150 per day will be applied for project completions exceeding the Final Delivery Date as a result of the Client’s failure to provide pre production approvals, dates for filming, rescheduling filming dates, deliver the desired revisions in a timely manner, or approve the final edit of the videos. Any adjustment to the Final Delivery Date is subject to written and agreed notice by Service Provider and the client. 

Additional Project terms

PROJECT 

Producer and Client agree to the below project summary, the project contract price and the scope of work. Client understands final payment for the project is required upon project completion and delivery of project final videos and assets. If at any time, Client desires to make any changes or variations from the completed project, or the script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress and such changes result in additional costs to Producer, including person hours, reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.  

Our Agenda and finalization

Full Video Production Services — Concept to Completion

Please read the contract on the previous page to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship.

If you have any questions at all, please let us know. We’re happy to clarify any points and there may be some items that we can sort out together. We’re committed to finding the best way to work together.

1. Once you feel confident about everything and are ready to move forward, please click the 'sign here' button below.

2. Sign in the box that pops up to make the acceptance official.

3. Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps and get the project rolling.

4. We’ll email you a separate copy of the signed contract for your records.

5. If you’d like to speak to us by phone, don’t hesitate to call 1-949-449-4472