Colegrove Media provides film, photography, design, marketing, and creative services (collectively, “Services”). By engaging Colegrove Media’s services, you agree to be bound by the following terms and conditions (the “Agreement”). This Agreement, combined with your signed project contract (or “proposal”) will govern the terms of the relationship between Colegrove Media and you and/or your company (collectively, “Client”).
Clients engage Colegrove Media’s services by signing a project contract or “proposal.”
Revisions are for adjustments, not changes in the project's overall vision or ongoing updates after final delivery.
The Client is granted perpetual, worldwide, unlimited, and non-exclusive rights to use the content provided by Colegrove Media.
Colegrove Media retains the right to use any work produced for the Client in their portfolio and for promotional purposes, unless otherwise agreed upon in writing between Colegrove Media and the Client.
The Client shall ensure that all necessary rights, releases, and consents are obtained from individuals, including but not limited to models, actors, property owners and other talent (collectively, the "Participants"), who are relevant to the creation of, or appear in any content created or produced by Colegrove Media on behalf of the Client; allowing Colegrove Media to use their likeness, image, voice, and performance as necessary for the provision of the Services. Colegrove Media may provide assistance and resources, including talent and location release forms to facilitate this process.
While Colegrove Media may offer guidance and resources, it shall not be held liable for any claims, disputes, or legal actions arising from the failure of the Client to obtain the necessary permissions, releases, or consents from the Participants. The Client agrees to indemnify, defend, and hold harmless Colegrove Media from any and all liabilities, claims, damages, losses, or expenses incurred as a result of the Client's failure to obtain the appropriate permissions, releases, or consents.
Each party agrees to maintain the confidentiality of all confidential information disclosed during the term of this Agreement. Confidential information shall include all information or materials that are proprietary to the disclosing party or that the disclosing party desires to keep confidential, and any information or materials that are disclosed under circumstances reasonably indicating that the information or materials are confidential.
Any data collected, including but not limited to names, email addresses, and project details, is solely used for the purpose of providing services and enhancing your experience. Colegrove Media is committed to safeguarding your data from unauthorized access, disclosure, or misuse. Your information will not be voluntarily sold, rented, or shared with third parties unless required by law.
A rush project is defined as any project requiring delivery in a timeframe significantly shorter than the initially quoted production schedule.
Should the Client fail to make payment within thirty (30) days of completion and distribution of agreed upon deliverables or at the specified payment due date in the contract, Colegrove Media may discontinue, terminate, delete, or suspend the Services and/or deliverables. Late payments are considered delinquent, and the Client will be responsible for the amount due and all fees that Colegrove Media incurs in pursuing and collecting payment; this includes, but is not limited to, collection agency fees and expenses, reasonable attorney fees, and court costs.
Clients may cancel any project or service with the Colegrove Media by providing a written notice before the scheduled start date. If the client cancels after the project has begun and before they have received the final deliverable(s), they will be responsible for paying a cancellation fee. This fee may be up to 50% of the total project or service cost. The cancellation fee is necessary to cover any incurred costs and losses by Colegrove Media due to the late cancellation.
Colegrove Media reserves the right to cancel a project or service at any time for any reason. Colegrove Media is not responsible for any losses or damages incurred by the client as a result of project or service cancellation.
The Client is responsible for ensuring the accuracy and legality of all content provided to Colegrove Media.
Colegrove Media does not guarantee that the services will be uninterrupted, error-free, or that defects will be corrected. Colegrove Media makes no warranties or representations about the accuracy or completeness of the content provided through its services. The use of the services is at your own risk.
The Client will indemnify and hold harmless Colegrove Media from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including without limitation reasonable attorneys’ fees and expenses) incurred in connection with any claim, action, or proceeding arising from or relating to the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by the Client or anyone using the Client’s account.
Colegrove Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, damage of property, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; (iv) the operation of cameras, lighting equipment, drones and multimedia production equipment (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Colegrove Media has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
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