Thank you so much for choosing us for your project. We are excited, and can't wait to work with you!
We will provide the necessary crew for the shoot according to previous correspondence, including, but not limited to: Director, Director of Photography, Sound Mixer, Editor, Photographer, Graphic Designer(s).
We will provide creative development, location scouting, gear prep, venue contracts, and permits. Please note that Baby Pomegranate Productions does not provide insurance on our shoots/projects for any persons or locations involved. Additional payments for insurance costs, location permits, additional equipment rentals, etc. are the sole responsibility of the client.
We will provide the final video(s), photographs, website design, personal/social branding and/or look books according to the script(s), story boards, and/or pitch materials provided by the client that can be shot and edited by the delivery date reflected in previous correspondence and reflected on the official invoice. This includes motion graphics and one round of revisions. Any additional or excessive revisions may result in further fees and a later than expected delivery date.
We will provide or rent the needed equipment for a single-day shoot. Fees for rental equipment or additional purchases for equipment that are necessary for the shoot are the full responsibility of the client. Client will be notified ahead of time of such a situation.
Description of Services
This agreement constitutes an order for branding and videography services, and any additional services outlined above in the line item budget and/or invoice delivered to the client. It is agreed to by both parties, Baby Pomegranate Productions and/or affiliate and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due By date as defined in the invoice.
Digital Files / License
All final video assemblies are provided to Client as high-resolution digital files downloadable via a private link provided by Production Company. Baby Pomegranate Productions grants to Client all rights, title, intellectual property and copyright interests in the final video assemblies created under this Agreement. Client grants to Baby Pomegranate Productions a license to reproduce and use the final video assemblies created under this Agreement for educational purposes, entry in film festivals, and the marketing and promotion of Videographer and/or Baby Pomegranate Productions in print and electronic formats. Client hereby understands and agrees not to edit any final product beyond the deliverable from Baby Pomegranate Productions, and failure to comply may result in additional fees from Baby Pomegranate Productions or any Baby Pomegranate affiliate. Client understands that if additional edits are to be made to the deliverable, they may reach out to Baby Pomegranate Productions to make the request with the understanding that such a request may result in further fees.
Client hereby agrees to indemnify, release, discharge and hold harmless Baby Pomegranate Productions, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of Baby Pomegranate Productions from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the video or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the videos.
Limitation of Liability
Although all care will be taken with these creative services and the digital photographs/video(s) taken, Baby Pomegranate Productions limits any liability for loss, injury, death, inability to perform the videography/photography/design/creative services for any reason, failure to deliver videos/photos/design/branding for any reason or any other types of damages to the return of all payments already paid to Baby Pomegranate Productions up to Total Amount defined in the Client's invoice.
If Client should cancel the dates or times for the Project, the Client shall remain liable for all Expenses incurred by Baby Pomegranate Productions or any Baby Pomegranate affiliate. If Client should cancel after Baby Pomegranate Productions and/or it's affiliate(s) has completed the photography, branding, design, creative and/or video elements of the Project in whole or in part, Client shall be liable for the full amount of the Cost and Expenses. If Client should change the Project dates, Baby Pomegranate Productions will reasonably attempt to accommodate the date changes. If Baby Pomegranate Productions cannot accommodate the date change, it may cancel this Agreement without any penalty or liability and the retainer will not be refunded and Client shall be liable for Expenses.
This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.
Retainers and Deposits
Retainers and deposits made to Baby Pomegranate Productions are meant to hold the production date and are absolutely non-refundable. Any balance of Cost and/or Expenses which remains past due for 30 days or more shall accrue late fee of $150.00 per week from the date the payment became due and payable.
To perform the services required for the Project, Client agrees to pay Baby Pomegranate Productions (the 'Cost' - outlined in the line item budget and/or invoice). Client shall also reimburse Baby Pomegranate Productions and/or any Baby Pomegranate Productions affiliate for all actual out-of-pocket expenses beyond the budget and requested by the client. If Client requests Baby Pomegranate Productions and/or any Baby Pomegranate Productions affiliate to perform work beyond the scope of the Project, and videographer/designer/photographer/marketing specialist/etc (the 'Affiliate'). accepts the change of scope, Client agrees to pay all Expenses incurred due to the change in scope of the Project and pay Affiliate labor rates. The 'Cost' is reflected in the Client invoice, along with payment options.
General color correction and density adjustment is included on every image that will be given to you. On a select few favorites, more extensive retouching and skin correction is also included!
It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer, and Baby Pomegranate Productions, and as such, images are subject to appear on babypomegranateproductions.com and other cross-promoting and social media platforms including, but not limited to Facebook, Instagram, etc.
Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold or used in advertising unless otherwise specified in writing by Baby Pomegranate Productions or the Photographer.
Client understands that any images provided have already been retouched/edited and any form of tampering, altering, editing, retouching, or the like, including but not limited to color correction, cropping, Instagram filters, and the like, not done by the photographer or any Baby Pomegranate Productions affiliate after post-production, is strictly prohibited, and violators will be subject to a $250.00 fine for each image that has been altered.
Client understands that all digital photos delivered beyond the scope of purchase will have the Baby Pomegranate Productions watermark on them. If Client chooses to share the photos digitally, or otherwise, the watermark must remain visible on the image, and credit must be given to the Photographer or Baby Pomegranate Productions. Client understands that non-watermark prints are available for purchase at any time, and can be obtained by contacting the photographer and/or Baby Pomegranate Productions.
This is the entire agreement between Baby Pomegranate Productions and Client and supersedes all previous agreements. It cannot be altered without written consent of both Baby Pomegranate Productions or any Baby Pomegranate Productions affiliate and Client.
Client agrees that he/she may not use any Baby Pomegranate images for commercial or editorial purposes, or enter any Baby Pomegranate images into competition without the express written permission of Baby Pomegranate Productions, or any Baby Pomegranate affiliate . Baby Pomegranate Productions retains the copyright to all images, per USC Title 17 (US Copyright Law).
Copyright and Licensing Notice
The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Baby Pomegranate Productions from any liability due to loss or damage of the images, and also releases Baby Pomegranate Productions from any obligation to maintain copies of any digital file, image, or photograph. You hereby grant to Baby Pomegranate Productions the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, website, display, advertising, and editorial use, unless otherwise discussed beforehand. Baby Pomegranate Productions agrees to limit the use of these images and photographs to promotional use only. Baby Pomegranate Productions may revoke this license at any time and for any reason. Baby Pomegranate Productions retains all copyrights to the images and derivative works thereof. If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram* etc.) OR if you share or use any digital files from either Facebook or this website, you may not alter the image in any way** and you must give credit to Baby Pomegranate Productions
*Instagram – you may not alter the image(s) in any way by adding filters.
** You may not re-edit, crop, or remove the watermark, or alter the images in any way, doing otherwise is copyright infringement. By using any of these images, you are agreeing to the above terms.