Terms and Conditions – Contract for Services with Tahoe Production House
These terms and conditions create a contract for services and is made effective on date shown on proposal, by and between the Client, whose name and address appears on the proposal, and Tahoe Production House of 2291 Lake Tahoe Blvd. South Lake Tahoe, CA 96150. In this contract, the party who is contracting to receive services and goods will be referred to as the “Client(s),” and the party who will be providing the services will be referred to as “Tahoe Production House”, or “TPH”.
INITIATION OF PROJECT: The project will commence upon receipt of the client’s signature and/or payment on the “Proposal” indicating approval. The project will be put on hold until a signed proposal, deposit, or approval is secured, irrespective of milestone dates outlined in the proposal or any previous verbal understandings.
PAYMENT TERMS: For all projects, an initial non refundable payment of 50% of the proposal cost is required upon signing to initiate work. The remaining invoice amount is to be paid upon project delivery (video / photo / audio) or the day of event. For Website, Graphic Design, or Digital Marketing services, invoices will be generated on a monthly basis for work completed during the preceding month with any deposits being applied.
In case of any additional charges, such as “out-of-pocket” expenses during production involving parking, food, or gas, these will be itemized in your invoice. If a multi-day production shoot takes place over 50 miles away from the TPH studio location, lodging for the crew becomes mandatory. It is the responsibility of all Clients and Talent to arrange their own transportation.
Incidental expenses, not part of the original offer or covered by the contract price, but essential for achieving the contract’s objectives (such as themes, stock photos, prints, plugins, extensions, etc.), may be incurred during the project. These will be detailed in the invoice.
Prices for Digital Marketing Campaigns / Social Media Management remain valid for 30 days from the estimate. Alterations in campaign flight dates and/or targeting could influence inventory availability. Refer to our partner iHeartMedia’s Terms and Conditions Page, specific to your contract, for comprehensive advertiser Terms and Conditions. Clients can make changes to their digital/social marketing campaign, including increasing, decreasing, pausing, or opting out, with a 30-day notice.
An invoice is deemed overdue if not settled within 14 days. A late fee will be applied on a monthly basis until the invoice is fully paid. Costs incurred in collecting past due accounts will be appended to the balance. Prolonged delinquency may result in account closure and referral to a Collections Agency. If the the project needs to be completed on a short timeline, a 10% “Rush Rate” may be applied to the invoice.
VIDEO PRODUCTION: Tahoe Production House (referred to as “Producer”) is responsible for providing comprehensive Production Services, which encompass script writing, production, the engagement of camera operators, lighting and audio technicians, motion graphics, and any other production staff required, at the discretion of Producer, to create the Deliverables. Producer will also deliver all essential post-production services to finalize the Deliverables.
Unless otherwise agreed upon, Producer holds the responsibility for securing all necessary licenses for any music intended for use in the Deliverables. Unless otherwise agreed upon, the expenses associated with acquiring such licenses will be encompassed within the total production budget as indicated above. Furthermore, unless otherwise agreed upon, Producer is responsible for acquiring all essential clearance releases, permissions, and waivers from any additional rights holders, including copyright licensors, trademark owners, or other intellectual property rights holders, whose content may be featured, used, or appear in the Deliverables.
Scripts and outlines will be presented for Client’s review and approval. If Client does not respond within a reasonable timeframe following delivery, the presented scripts will be considered approved and prepared for production. Producer will offer one (1) round of revisions for all scripts presented to Client. If a script is revised and re-presented to Client, the same approval criteria mentioned above will apply to the revised script. Any deviations in direction or scope of work after Client’s approval of any script are considered outside the scope of the original proposal and may incur additional fees.
Upon collecting and preparing all the necessary assets for the final video production, the editing process will promptly commence. Completed Videos will be delivered to Client through an agreed-upon method of delivery. Client will conduct a review and provide their approval upon receipt of the finished Videos. If Client does not respond within a reasonable timeframe, these Videos will be deemed approved and prepared for delivery. Client will specify the final delivery requirements for all Videos, and Client and Producer will mutually agree on the ultimate method of delivery for all completed Videos.
WEBSITE DEVELOPMENT + DESIGN: Client will have ownership of the domain name. If needed TPH will register the domain name for the Client in the Client’s name with an industry-appropriate registrar. TPH and the client will collaborate on creating a UX/UI outline for the website. The client is responsible for supplying text, images, and videos for incorporation into the website. If the client opts to use third-party images or text (which may be provided by TPH), the client is responsible for any associated fees and must adhere to the terms and conditions of related licenses or agreements.
The client will provide digital-format photographs for use. These digital media formats may include .GIF, JPG, .BMP, PDF, MPEG, PNG, AI, and PSD. The client can send these digital files via email attachment, FTP, or other agreed-upon methods. All logos must be supplied by the client in formats such as .GIF, JPG, BMP, MPEG, or AI, using similar delivery methods.
Once the client approves the initial design crafted by TPH, we will proceed to construct the website on a private server. TPH will conduct testing to ensure the technical functionality of the site and the accuracy of the integrated content. Upon reaching the review stage, TPH will provide the client with a link to access the site. The client is solely responsible for the accuracy of all content and links on the website. TPH may use third-party services and products in fulfilling our obligations under this agreement. Once the client approves the development site, it will be launched on the World Wide Web.
TPH does not provide hosting or email services. The client is responsible for maintaining the domains, hosting, and email accounts. If training is included in the proposal, the client agrees to schedule training within 30 days of website launch. The addition and maintenance of site design and content such as web pages, graphics, functionality, photos, and other content post-website acceptance and publication are not covered by this agreement and will necessitate a separate proposal and contract. Site maintenance is not included in this agreement, and any maintenance agreement will require a separate proposal and contract.
STREAMING: Streaming Requirements at Venue are as follows:
- A minimum of 10mbps egress and 10mbps ingress
- 30×30 or greater connection on site
- Latency of less then 80ms to our server
- Low jitter, packet loss of less then .01%
- A dedicated switch port with no other broadcast traffic
- 100mbps, or Gigabit preferred
**Additional fee will be added if internet connection is required to be set up for event at venue location to provide livestream**
CHANGES TO SCOPE OF WORK OR ADDITIONAL WORK REQUESTS: If at any time, Client desires to make any changes or variations from the current project, and such changes result in additional costs to TPH, TPH agrees to notify the Client of the amount in writing before any such additional costs are incurred. TPH shall proceed only after receiving written approval from Client.
ACCEPTANCE CRITERIA FOR PROJECT: The client agrees to provide accurate and timely feedback throughout the project’s development. TPH will work in accordance with industry standards and best practices to fulfill the project’s requirements. The client will be given opportunities to review and provide feedback during the project’s progression. Acceptance of the final work will be confirmed upon the client’s payment on invoice, written approval or upon the lapse of a specified review period, as indicated in writing.
- Transfer of Creative Rights: Upon successful project completion and receipt of full payment, the client will be granted creative rights to use the work for the intended purpose as detailed in the project agreement. These creative rights include the right to reproduce, distribute, and publicly display the work. The client acknowledges that TPH may showcase the project in its portfolio and marketing materials unless otherwise agreed upon in the project agreement.
- Ownership of Rights: In the event that full payment is not received for the completed work, creative rights will remain with TPH. Until payment is received, the client may not use, reproduce, distribute, or publicly display the work for any purpose.
- Client Responsibility: The client agrees to review the project diligently and provide timely feedback in reasonable time. Failure to provide feedback or approval may lead to the project’s automatic acceptance and completion.
- TPH Responsibility: TPH is committed to delivering high-quality work that aligns with the project’s objectives and the client’s requirements. TPH will make reasonable efforts to accommodate feedback and revisions within the project’s scope. By proceeding with the project, the client acknowledges and agrees to the acceptance criteria and the terms related to creative rights and payment as outlined. TPH reserves the right to levy fees as necessary. Any deadlines are dependent on receiving all paperwork, assets and applicable deposits in a timely manner. Assets include but are not limited to logos, content, graphics and any necessary information. TPH will not provide ongoing support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
TERMINATION/CANCELLATION: In the event of cancellation of a Project in Motion by the Client, there will be a cancellation fee of 30% of the total cost of the project. This fee will be in addition to any payments already made towards the project, including but not limited to the initial down payment and additional progress payments, as well as any out of pocket expenses.
Event Crew or Gear canceled or modified without 48 hour notice (weekends excluded) may be subject to 100% of the scheduled rate. This agreement shall terminate automatically upon completion of the services required by this agreement.
RENTAL TERMS & POLICIES: These terms and policies form the Production or Gear Rental Agreement (the “Rental Agreement”) between you (“Production/Lessee”) and Tahoe Production House (“Space/Lessor”) and apply to all the equipment and space rented by Lessee. Please click and review all requirements below before accepting the estimate below.
OFFICE HOURS: Our office hours are between 9:00am – 5:00pm Monday – Friday, Pacific Standard Time. If any e mail, text messages, or calls are received outside of this time, we will respond at our earliest convenience or during the next available office hours. If a response is needed or requested outside of office hours, overtime rates may apply to final invoice.
CONTINGENCY AND WEATHER DAYS: A Contingency day is any day where a scheduled production day has been prevented from occurring due to circumstances beyond the control of the production company. These circumstances may include but not be limited to: Weather conditions (rain, fog, sleet, hail or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client), Injury, illness or absence of client-supplied elements (e.g. key talent, props, locations), “Force of Nature” (meaning but not limited to earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism and acts of God), “Client Issued Re-Shoots” (any additional days for a job issued by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost, which should be approved prior to proceeding with that day. TPH recognizes its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices.
STORAGE OF DIGITAL WORKS: Once the client receives the final project files as agreed upon, they accept all responsibility for archiving and protecting any digital files related to the project. TPH will archive the digital files for up to 3 months but does not permanently archive these digital files. TPH is not responsible for the lifespan of any digital media provided, or for any future changes in technology or media readers that might result in an inability to read the data provided. Its the clients responsibility to make sure that digital files are copied to new media and backed up as required. TPH strongly recommends keeping at least one archival back-up of your digital files in a different location (online backup).
LIMITATION OF LIABILITY: Client agrees that they shall not hold TPH or her/his agents or employees liable for any incidental or consequential damages that arise from Clients’ failure to perform any aspect of the project in a timely manner, regardless of where such failure was caused by intentional and negligent acts or omissions of the developer of a third party. Furthermore, TPH disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use. TPH takes full responsibility for all third party vendors and guarantees final delivery of a high quality product to Client. Although all equipment is checked regularly and maintained, and reasonable steps are taken to ensure backup equipment is available, TPH will not be responsible for anything not produced due to technical failure. TPH carries an extensive $2 million dollar insurance policy that provides coverage in cases of liability, equipment, vehicles, workers, and third party damages.
CONFIDENTIAL INFORMATION: While working for the Client, TPH may encounter confidential information, like customer lists, business strategies, and research notes. TPH commits to treating this information as if it’s their own. TPH can use it only for tasks related to this Contract and with the Client’s written permission, for other purposes. After the Contract ends, TPH must return or destroy all confidential information and not share it with third parties. If either party has access to third-party confidential information and is allowed to share it with the other party, they must inform the other party in writing about any special restrictions related to that information.
APPLICABLE LAW/VENUE & ATTORNEY’S FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties acknowledge the Agreement has been negotiated and executed within the County of El Dorado, City of South Lake Tahoe, State of California, and the parties agree that venue for any action filed shall be at South Lake Tahoe, California. In the event of any legal action or proceeding between the parties, the prevailing party in such action or proceeding shall be entitled to reimbursement of reasonable attorneys’’ fees and all costs and expenses incurred in such action or preceding from the other party.
ACCEPTANCE OF TERMS: By signing the proposal, you agree to our Terms and Conditions, and you hereby represent and warrant that you are an authorized person signing on entities behalf.