(1) Loudbyte will not release any material, footage, or media to the Client until the payment is settled in full including any and all bank fees. In the event of insufficient funds for personal checks, the bank’s fee will be billed to the Client.
(2) Loudbyte reserves the right to terminate any Agreement with a Client at any time for any reasonable cause. Such causes may be but are not limited to lack of payment, late payment or any other failure to comply with service conditions.
(3) It is the Client’s responsibility to secure access to areas for the filmmakers/photographers and their equipment. Loudbyte will not be responsible for coverage lost due to access restrictions. The Client is aware that constraints of the physical environment can affect the quality and extent of video/film/photography coverage possible.
(4) Loudbyte will not be held responsible for failure to perform any term or condition of service as a result of conditions beyond its control such as, but not limited to, restrictions imposed by others, lateness of the Client or other principles, schedule complications, constraints of the physical environment, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers and the same shall not be deemed a breach of Agreement or relieve the Client of their obligation to make full payment.
(5) Loudbyte cannot guarantee outdoor coverage during inclement weather. The Client is responsible for obtaining all permissions and clearances, etc., and adequate shelter from inclement weather and extreme temperatures as required by Loudbyte to perform video/photo services.
(6) For live events, Loudbyte will not be responsible for dropped signals, static, reverb, distortion, etc due to but not limited to the performance of the audio recording equipment. Client understands that the audio quality will vary depending on the acoustics and quality of the venue’s A/V equipment. Loudbyte also will not be held responsible for poor results due to the performance of the on-camera talent.
(7) All aspects of filming/photography are at the sole discretion of Loudbyte. Loudbyte reserves the creative right to edit and release only materials deemed creditable as professional in quality and within Loudbyte’s artistic standards. Every effort will be made to assure satisfaction according to Loudbyte’s professional standards.
(8) All shipped items are subject to shipping fees to be determined by the city, state and weight of package. Loudbyte reserves the right to change shippers at any time and are not responsible for packages lost, damaged or not picked up from missed deliveries. Loudbyte assumes no responsibility for loss or destruction of the footage, audio, negatives, prints, or flash drives, etc., once they are out of Loudbyte’s possession.
(9) Loudbyte LLC owns the exclusive copyright to all audio, video, images, intellectual property, products they create, capture, and produce as the sole author to the work, as protected under the Federal Copyright Act of 1976.
(10) Unless expressly agreed upon, except for any pre-existing intellectual property owned by Client and identified in writing to Loudbyte prior to the commencement of the Services, Loudbyte will own all right, title and interest, including without limitation, all other intellectual property interest in and to all work product, including without limitation, all tools, processes and deliverables that are created for Client during the term of service. Loudbyte grants Client a usage license. Client may not re-edit, alter, or create derivative work(s) from the product in any way without expressed written consent from Loudbyte. If the Client wishes to show the production(s) on Television, Film, Radio or any other mass medium now or in the future, the Client is required to obtain a written letter of extended usage rights from Loudbyte. A separate fee will be charged for this permission of rights letter. The amount for the fee charged for the letter will be decided at the discretion of Loudbyte based on the project type, size, number of stations (channels) to be broadcast on, length of broadcast (in months), length, other variables based on the project and amount of principal actors.
(11) Loudbyte reserves the right to update or amend these Terms and Conditions at any time without prior notice.
(12) In no event shall Loudbyte be liable to the Client or Clients associates for any direct, punitive, incidental, or any consequential damages resulting from loss of data or injury. Client shall indemnify and hold Loudbyte’s agents harmless from all claims, suits, proceedings and expenses incurred based upon personal injury or injury to property.