Robert Scott Film
Videography & Production Services
To get your video home tour, visit robertscottfilm.com

Serving Truckee, Lake Tahoe, Incline Village, Reno, Auburn, Rocklin, Roseville, Grass Valley, & Nevada City       

TERMS OF SERVICE  

Robert Scott Film (hereinafter "Producer") is pleased to provide video production services (hereinafter the "Production") to individuals, websites, companies, and public entities, and/or their agents and representatives (hereinafter "Client").  By retaining the services of Producer, as provided in the  "Video Production Service Agreement" (provided separately), Client agrees to be bound by the following Terms of Service:  

1. Service Agreement. Producer is retained by Client to perform video production services as described in the Video Production Service Agreement.  Only those services specifically described in the Video Production Service Agreement will be provided at the cost, or estimated cost, stated therein.  Any other additional services, changes, re-edits, or modifications ordered by Client are subject to additional charges.  

2. Status of Producer. Producer will perform all services as an independent contractor, and not as an employee of Client. Producer shall operate under the direction of Client only to the extent as needed to produce desired content.  


3. Ownership of Production. Client and Producer each considers the Production to be a work made-for-hire. Excepting such items which are specifically identified by Producer as proprietary trade secrets, the finished Production and all rights therein, including copyright, shall be and remain the property of the Client.   

4. Covenant on Use. Client agrees to use the Production only for lawful purposes, but in no event may the Client use the Production, or cause or allow the Production be used by another, for purposes of disparaging or bringing false light to any person, company, corporation, public entity, the Producer, or to any event, cause, enterprise, place or thing, whether depicted in the Production or not.   

5. Producer's Rights. Producer retains the right to use, in perpetuity and without limitation, all or any portion of the Production in Producer's own advertising and marketing efforts, its website, or in other websites, and by any means or in any materials by which Producer might promote its business. Producer shall have the right to make and keep duplicate copies of the Production and documents for its own file.  

6. Editorial control. The Client grants Producer full production and editorial control regarding all aspects of the Production. Producer makes no guarantees either expressed or implied in regard to the aesthetic qualities of the completed Production or in any particular effect, interview or special request therein. Producer has sole discretion as to whether any particular segment or event is recorded, or partially recorded, or made part of the edited master video/DVD.   

7. Restrictions. Restrictions imposed by others, including but not limited to photographers, religious organizations, venue rules, guests, the proximity of crowds, or willingness of others to cooperate with the Producer, and the constraints of the physical environment, including but not limited to safety, weather, power failures, venue size, fire, Acts of God, and other circumstances beyond Producer's control, can negatively affect the quality and extent of video coverage. Producer is not responsible for these occurrences, or for any deficiency or defect in the Production as a result thereof. Any re-shoot of video recordings because of these circumstances shall be at the request and expense of Client.  

8. Rescheduling. Producer may reschedule any video recording date as it deems necessary if adverse or undesirable conditions exist, including but not limited to, inclement weather, conditions likely to cause damage to video equipment, lack of access to, or hazards contained within locations or premises, conditions of  location or premises not ready to be filmed, no-show actors, Acts of God, illness, equipment failures or transportation problems. Producer is not responsible for any delays in Production caused by conditions beyond the control of Producer, which might not be reasonably avoided.  


9. Delivery of Production. The finished Production shall be mailed or delivered to the Client  from 1 to 20 weeks after the end of video/audio recording, depending on the amount of footage taken and the complexity of the Production. The delivery schedule as per the Service Agreement is only approximate, and, among other factors, is dependent upon Producer having received all production materials supplied by the Client for inclusion in the Production. An extended delivery schedule necessary for proper completion of the Production will not void the Video Production Service Agreement or the Terms of Service.  

10. Movement of Personal Items. If Producer is requested to shoot within the premises of a private home, business, or office, it is understood and agreed that Producer may temporarily move or relocate any furniture, objects, artworks, or other items as may be necessary or desirable, at Producer's sole discretion, to achieve appropriate footage, to avoid filming copyrighted items, or otherwise to produce the highest quality results.  Producer will return all items moved by Producer to their original positions after filming.  If, in Producer's judgment, any items should be moved that appear fragile, heavy, or of great monetary or sentimental value, Producer may request that such items be moved or relocated by the Client, or persons specifically designated or hired by Client to move such items.  Producer is not responsible for damage to any item moved or relocated either by Client, those designated or hired by client to move items, or the Producer.   In the event Client objects to the movement of items within the premises as Producer deems necessary, Producer may, at it's sole option, cancel the Video Production Service Agreement with Client, and be entitled to payment from Client under Paragraph 11 hereinbelow.  

11.  Payment for Services. Client agrees to pay Producer at time of delivery of Production, as per the Video Production Service Agreement.  In the event the Client or Producer cancels the Production after services have been partially or fully rendered, Client shall pay to Producer the pro-rated hourly rate described on the Video Production Service Agreement for all services performed by or upon cancellation date.  

12. DVD Compatibility. Producer may provide to Client the final Production on DVD.  Producer shall format such DVD for compatibility among common home DVD players and/or personal computers.  Monitors, DVD players, personal electronic devices, and computers vary widely in their ability to play and display DVDs. Not all DVDs are compatible with all devices.  Producer is not responsible for incompatibility of client's electronic display equipment with the DVDs created by Producer. A sample DVD is available for testing upon request.  


13. Copyrighted Items. Producer may refuse to video/audio record any copyrighted objects, books, artworks, clothing, music or any other items that may violate copyright laws. Producer may request that any such items be removed, relocated, or replaced by Client during the video/audio recording process.  

14. Indemnification - Intellectual Property Infringement. Client agrees to defend, indemnify and hold harmless Producer, its owners, elected officials, employees and agents from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, reasonable attorneys’ fees, arising out of any claim that the Production, or any part thereof, infringes upon or otherwise violates any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or other rights of any third party, by paying all amounts that a court finally awards or that Producer agrees to in settlement of such Infringement Claim, as well as any and all expenses or charges arising from such Infringement Claim, including reasonable attorneys’ fees, as they are incurred by Producer or any other party indemnified under this Section.  In the event Client's ongoing use of the Production, or any part thereof, is the subject of any act by a third party arising from an Infringement Claim that would preclude or impair Client's use of the Production, or if Client's continued use of them may subject it to punitive damages or statutory penalties, Client shall give written notice to Producer of such fact(s), and defend, indemnify, and hold harmless the Producer from any involvement in such claim.  Client shall be responsible for procuring any rights to continue to use the Production, or any part thereof, or to replace or modify the Production, at Client's own expense.  

15. Indemnification - General. Client agrees to indemnify and hold harmless the Producer and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including attorneys fees, arising out of the performance of the work described herein, caused in whole or in part by any willful misconduct or negligent act or omission of the Client, or anyone directly or indirectly employed by Client, for whose acts Client may be liable.  This section will survive the expiration or early termination of this Agreement.  

16. Insurance. Producer agrees to obtain and maintain policies of commercial general liability insurance and automobile liability insurance from an insurance company authorized to transact the business of insurance in the State of California.  Client agrees to obtain and maintain general liability insurance and Errors and Omissions Insurance from an insurance company authorized to transact the business of insurance, for each and every location, site, or premises under Client's control, which is used for the Production  

17. Safety of Premises. Client shall provide that any premises of a private home, business, or office of Client used by Producer, a film crew, or others working with or on behalf of the Producer for the Production are in a condition that is safe for the activities of a film crew or any other personnel, that there are no hazards or dangerous materials present, and that there are no obstacles or impediments which might prevent Producer or a film crew from performing services pursuant to the Video Production Service Agreement.  Producer may to refuse to enter the Premises if Producer believes the Premises are unsafe for video production activities.  In the event Producer deems such unsafe conditions to exist, the Client, or the owners, agents, or representatives of Premises shall make such repairs or changes as necessary to render the Premises safe, or Producer, at its sole option, may cancel any agreement for its services, and shall still be entitled to compensation as specified under the Video Production Services Agreement.  

18. Authority. Client represents and warrants that they have the legal power, right, and actual authority to bind any person, business, corporation, or public entity claimed to be represented by Client, to the terms and conditions set forth herein, and to the Video Production Service Agreement.  Client shall have obtained valid and current licensure from the appropriate state, county, or municipality if such license is required by law to act as an agent of, or on behalf of, another person, business, corporation, or public entity.  Client shall present this "Terms of Service" and the "Video Production Service Agreement" to any such person, business, corporation, or public entity as Client may represent.  Client asserts that the terms and conditions set forth herein, and the terms and conditions set forth in the Video Production Service Agreement, have been inspected, acknowledged, and agreed to by all parties represented by Client, and by any other parties that might have a vested, legal, or financial interest in the Production or the venues or premises used therein.  

19. Termination. Producer or Client may terminate this Agreement at any time after written notice to the other party. Client shall pay Producer's costs for all services performed up to the time of termination, as provided for in the Hourly Rate section of the Video Production Service Agreement, notwithstanding whether such early termination was brought forth by either Producer or Client .  

20. Waiver and Severability of Terms. The failure of Producer to exercise or enforce any right or provision of the Terms of Service or the Video Production Service Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service or the Video Production Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service and the Video Production Service Agreement remain in full force and effect.  

21. Venue and Jurisdiction. Client agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, Nevada County, California.

22. Contact Address.  Any written communications intended for Producer by Client should be mailed or delivered to the following address: Robert Scott Film, PO Box 10314, Truckee, CA 96162.    




Video Production Services by Robert Scott Film 
Robert Scott Film provides affordable, high quality video production solutions for corporations, small business, home owners, real estate professionals, and more.  We serve Truckee, the North Lake Tahoe area, Reno, and the sierra foothill communities.

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