High Loft Productions LLC Terms and Conditions

1. Definitions: “The Company” refers to High Loft Productions LLC. “The Client” refers to the person(s) or entity who enters into a contract with the Company when an order is placed. “The Order” shall be the invoice or agreement that defines the Product. Orders may come in the form of writing, verbal, or electronic. “The Product” or “The Services” refers to the completed work or works the Company provides the Client in exchange for payment. “The Media” refers to any work materials the Company uses or provides to create the Product, including but not limited to raw or edited photo and video, graphic assets, and audio assets.

2. Acceptance of Terms and Conditions: All orders, contracts, and are subject to the terms and conditions of the Company. Down payment or paying against the Order, the Product, Services, contract, transactions and /or the signing of the Order is an agreement to the Company’s terms and conditions. A 25% down payment fee is required following the acceptance or agreement to the Order and must be made prior to work beginning on the Product or Service.

3. General Practices: When engaging in business the Company will provide a meeting or consultation where the Order is created with the Client based on the Client’s specifications for the Product. A price will be provided to the Client by the Company for the cost of the Order. The Company and the Client will agree on “production date(s)” when agreeing to the Order. Based on this information, the Company will provide the Client with an estimated date of delivery of the Product or Service. The estimated date of delivery is subject to change. The production of the Product or Service will be completed in two phases: 1. production and 2. editing. After production occurs, there will be two revisions shared with the Client during the editing phase. Additional edits or revisions will be paid for by the Client. Pricing is determined by the Company based on a variety of factors, including but not limited to: hours worked, equipment costs, software costs, subscriptions fees, travel, lodging, rentals, and any other costs that are required for the production of the Product or Service.

4. Copyright: The copyright of all footage and Media is owned by the Company until payment is made for the Product(s) or Service(s). Unless otherwise agreed upon, the Client will receive an edited version of the footage or Media in the form of the Product or Service. Upon full payment for all amounts indicated on the Order or subsequent Orders due, the rights of the completed Product or Service then belong then to the Client. The Company has the right to use edited, raw, or unedited media produced for the Client, pursuant to these terms and conditions, for promotional or commercial purposes unless otherwise agreed upon by the Client and the Company. In instances where the Order remains unpaid or in the event the final agreed upon payment is not made in full, the Company reserves the right to withhold all Media, Products, Services, and finished works and use all or edited versions of the Media, Products, Services, and finished works for commercial and promotional purposes. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the Orders(s), Product(s), or Service(s). The Client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material or Media in its original and edited form as they see fit, unless otherwise agreed in the Order. The Client agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Client. The Company will not be liable for breaches in material copyright caused by the Client.

5. Intellectual Property: the Company does not retain intellectual property rights of the Order, Product or the Service. Once payment has been made in full to the Company, the Client becomes the proprietor of all completed Products. The Company has the right to use Products, Services, edited, raw, or unedited Media produced for the Client, pursuant to these terms and conditions, for promotional or commercial purposes unless otherwise agreed upon by the Client and the Company.

6. Cancellation: A down payment of 25% of the fee for the Order shall be paid before work begins in the production of the Product or Service, this down payment amount will be indicated on the quote/invoice/estimate. If an Order is canceled by the Client within 14 calendar days of the planned production date, the Company reserves the right to charge the full price of the Order. If the Client cancels the Order with 30 or more calendar days notice prior to the production start date, only the booking fee (down payment of 25%) shall be forfeited.

   1. Rescheduling: If the Client wishes to reschedule the shoot date, the reschedule request must be made at least 14 days prior to the planned shoot date/production date and confirmed by the Company. If the client wishes to reschedule the shoot date with less than 14 days before the shoot date, another 25% down payment must be made on the Order prior to the reschedule being approved. If the Client requests to reschedule the Order with 30 or more calendar days notice prior to the production start date the Company reserves the right to retain the down payment.

   2. Rescheduling is subject to scheduling availability and the Company reserves the right to deny any request to reschedule. A non weather related reschedule is only accepted one time. For weather related rescheduling see section 6e(5).

   3.  If a reschedule is requested a 2nd time or more times, the Company reserves the right to charge the full price of the quote or invoice.

   4. In the event that the Company has to cancel an Order, the Company will provide a reschedule date and time. If the reschedule date cannot be accommodated by the Client, the Client has the right to have their down payment returned.

   5. Weather: In the event of inclement weather, the Client has the right to cancel, cancellation fees will apply in accordance with section 6 of this document. The Client may have 1 reschedule opportunity with the Company, the Company will do its best to accommodate a new date if available. If the date is not available to the Company, the Company reserves the right to retain the down payment of 25%. In the event of inclement weather, the Company reserves the right to charge in full for expenses including but not limited to; purchasing of special equipment, hiring of additional help, vehicle rentals, permit costs, etc.

7. Force Majeure: If the Company cannot carry out its obligations or an Order, either part or in whole, because of anything outside its reasonable control, including but not limited too, fire, flood, storm, earthquake, explosion, accident, road closures, flight delays or cancellations, war, terrorism, sabotage, epidemic, quarantine, labor dispute, act by public authority at the local, state, or federal level, then the initial obligations under the Order will be rescheduled or the down payment will be refunded in the event the Client does not wish to continue the Order.

8. Illness or Equipment Failure: All pre-preparation and care will be taken for videography and editing, the Company will not be liable for any compensation except for return of any deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by the Company or because of an unforeseen event or any dispute regarding the ownership of recorded materials. In the event of illness or equipment failure on the part of the Company, the Client may have 1 reschedule date without incurring additional charges.

7. Payment Terms: the Client agrees to pay the Company the total amount of the Order prior to the delivery of the Product or Service. The down payment of 25% is required prior to production of the Order and is valid once the Company receives the down payment in their account. The down payment on the Order is refundable due to cancellation if the cancellation is made 30 days or more before the production date. Total cost of the payment is indicated on the Order or invoice created by the Company. This Order or invoice may be updated or altered by the Company if additional costs are incurred. Payment may be made in the form of check, cash, bank transfer, Venmo, CashApp, or PayPal. Additional payment methods may be available at the discretion of the Company. The final payment from the Client to the Company must be received by the Company no later than the Due Date indicated on the quote and or

invoice. The Due Date will indicate when the Client must pay in full for the Product or Service. If the Product or Service can not be delivered by the Due Date the Company will make the necessary adjustments to the quote or invoice.

8. Retention of the Product: The Company reserves the right to retain all of the Product, Service or materials created for the Client in their possession until all monies owed to the Company have been paid and received.

9. Expenses and Overtime: Prices quoted on the Order apply only to the original specifications of the Product or Service agreed upon by the Client and the Company. The Company reserves the right to make additional charges including but not limited to: extra time, equipment, software, rentals, etc if the production requires additional materials or time outside of the original Order. Whenever possible the Company will do their best to encompass all expenses incurred in production on the Product or Service.

10. Legal Costs: the Client will be fully responsible for any legal costs incurred by the Company in the recovery of unpaid Orders, Invoices, or Bills of any kind.

11. Privacy: Information received by the Company from the Client written or otherwise that the Client wishes to keep confidential, will be kept confidential. Any private information disclosed by the Client will not be disclosed to a 3rd party without the Client’s Consent unless required by law. Likewise, the Client agrees to keep the Company’s methodologies, technologies, practices, and prices used by the Company to produce the Order, Product(s), or Service(s), confidential.

12. Public Broadcast and Rights: the Company retains the right, unless otherwise instructed by the Client in writing, to display the Client’s project, Product, Service, or production, on the Company’s Website, YouTube Channel, Instagram, Twitter, Facebook, Tik Tok, or any other social media or public broadcast media channel.

13. Liability: the Company accepts no liability for any loss or damage that may arise from the supply of the Product(s), Service(s), or Order(s). In the unlikely event of the Company being unable to supply the Product(s) or Service(s) as specified in the Order, liability shall be limited to the monies already paid by the Client up to the total invoice value.

14. Health and Safety: the Company and the Client will act in accordance with all relevant health and safety requirements in order to provide the Product(s) or Service(s).

15. Damage to Client Property: Care will be taken with respect to any of the Client’s property during the course of business, in the unlikely event that any of the Client’s property is lost or

damaged, the Company assumes no liability, however caused. Liability in such events is limited to the replacement of footage or media created by the Company and in no circumstances will any liability attach to any claim for the value of the content.

16. Right of Assignment: the Company retains the right to assign the Order of the Products or Services requested by the Client to another suitable company if the Company cannot or is unable to meet the obligations of the Client’s Order.

17. Additional Expenses: the Company retains the right to charge out-of-pocket expenses incurred in providing the Product or Service to the Client – subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost. Additional hours or expenses provided by the Company can be added to an updated Order and provided to the Client.

18. Tweaks and Changes: Tweaks and or Changes in the Order refer to editing adjustments requested by the Client. If tweaks, changes, or adjustments are requested outside of the revisions stated on the original Order, the Client will be subject to additional costs incurred by the Client for additional revisions or work on the Order.

19. Amendment: the Company reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice.

20. Delivery of the Product: the Company will make a best effort to deliver the Product, or Service to the Client based on the Estimated Date of Delivery agreed upon on the Client’s Order. Delivery of the Product or Service can come in the form of digital or physical delivery depending on the nature of the Order. Cloud services e.g. Google Drive, DropBox, etc. may be utilized in the delivery of the Product. The Client must have a valid email address to receive digital Products and a valid mailing address to receive physical products. In the event that additional expenses are incurred in order to deliver the Product or Service either digitally or physically, the cost will be added to the Order for the Client.

21. Subcontracting: the Company reserves the right to subcontract any services that the Company has agreed to perform for the Client as it sees fit.

22. Right of Refusal and Termination: the Company reserves the right to terminate the Order or any Products or Services provided by the Company at any time if the Company or anyone employed by the Company is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged. The company reserves the right to terminate the Order(s) made by the client at any time, the Company will not be subject to a full or partial refund of the Order.

23. Talent, Staff, or Background Persons: If the Client requires additional individuals to appear on camera or as a part of the Order, it is the responsibility of the Client to obtain necessary permission from those persons. If reshooting or re-editing is required due to remove such persons who have not provided the necessary permissions, the additional cost will be charged to the Client. The Company cannot be held liable for any prosecution from any person that appears without permission.

24. Raw Footage or Media: the Company does not hold the responsibility to provide the Client with Raw Footage or Media pertaining to the Order at any time throughout the production, unless otherwise agreed upon on the Order. Additional fees may be charged to the Client if they wish to view or possess Raw footage or media.

25. Rejection of Footage or Media: In the event that the Client rejects the Company’s product or Service after completion of the Order, reshoot and re-editing costs will be incurred by the Client. These costs will apply at full price or at the discretion of the Company.

26. Venue Locations and Fees: In the event that the Client wishes to fulfill their order or create a production where permits or permissions are required, this cost will be factored into the original Order. If additional permitting or permissions are required, the additional cost will be paid by the Client in order for the Company to complete the Order.

27. Disposal of the Client’s Materials: Raw Footage, video files, audio files and edited video files will be retained for up to six (6) months only and will then be disposed of, deleted or erased. If at the end of six (6) months Services have not been paid for, the Company reserves the right to dispose of all Media, raw footage, video files, audio files, edited video files, recorded materials, finished works, and Order.

28. Changes to the Order: In the event that the Client wishes to alter, update, add to, subtract from, etc. The agreed upon Order before or after production of the Order begins they will be subject to price adjustments made by the Company.

Questions regarding the Terms and Conditions of High Loft Productions LLC should be directed to

cam@highloftproductions.com

___________________________________________ Client Name

___________________________________________ _________________________ Client Signature Date