Terms & Conditions
The term 'Client' shall refer to any business, individual, organization, non-profit, or the like, acting in their capacity as a duly authorized representative, hereinafter doing business with Sky Feather Studios (or DBA Sky Feather). The following terms and conditions, as set forth herein, shall govern the contractual relationship between the Client and Sky Feather Studios or Sky Feather (also referred to as 'Service Provider', 'Studio', or 'The Studio') as defined by and indicated in said terms and conditions as Sky Feather Studios (or DBA Sky Feather) henceforth. These terms are binding upon acceptance and establish the rights, duties, and obligations of both the Client and the Service Provider in connection with any and all services or products to be rendered.
Rates and Pricing
Rates (defined as the dollar-per-hour cost of services or flat rate solutions) are to be stated beforehand and are subject to increase with additional project deliverables or client reforms. Should a rate be subject to an increase, it must be confirmed and agreed upon by the client or the client's point-of-contact, and Sky Feather Studios (or DBA Sky Feather) via a signed change request. Labor and services rendered beyond pre-booked hours or outside the original scope of work are considered additional time and are subject to an increase from the initial rates.
Kill Fee / Deposit
The client is responsible for informing all acting Sky Feather Studios (or DBA Sky Feather) members of any changes to scheduled bookings. A "kill fee" is a defined payment that is added to the project rates if the initially allocated time for project creation is canceled. A minimum fee of 25% of the allotted time or the original flat rate quote, which was originally signed and agreed upon, can be added to the total amount billed to the client. This kill fee is subject to the discretion of Sky Feather Studios (or DBA Sky Feather) and can be either added onto and paid via the final invoice or require work to be halted until the kill fee has been paid. Deposits are refundable at the discretion of the lead point of contact from Sky Feather Studios (or DBA Sky Feather), and we reserve the right to end all services without a refund if it's no longer in the business's best interest.
Stolen Goods
All hardware, software, or media acquired, stolen, mismanaged, destroyed, or taken from the studio property or on-site will be returned; otherwise, clients will be subject to prosecution to the fullest extent of the law. Assets such as media, animations, graphics, project files, or similar that are used without payment or approval from Sky Feather Studios (or DBA Sky Feather) are considered stolen goods.
Invoicing
A copy of all invoiced services and goods is available upon request for all clients. The client is expected to provide a down payment of the total project cost upon signing of a contract (unless otherwise noted) equal to 60% of the total project or the first initial milestone of said project. All invoices are due no later than 30 days after the invoice has been sent to the client (unless otherwise noted by a Sky Feather Studios (or DBA Sky Feather) manager, owner, lead, client, or director).
Damage
The client shall be responsible for any loss or damage to studio property, rented equipment, contractors' equipment acting under Sky Feather Studios (or DBA Sky Feather), employees, models, buildings, and locations for any damages incurred as a result of misuse, negligence, and carelessness. All dues of damage shall be paid in full at market value, or repair cost no later than 12 days after the last session.
Changes / Revisions
This constitutes the entire agreement between the client and studio and may not be modified, changed, or terminated in any way unless in writing and signed by both parties. The client is entitled to at least one revision for each audio, web, photograph, video, and graphic design file(s). All subsequent revisions are subject to additional charges at the member's discretion.
Media Release / Copyright Transfer (Failure to Pay)
If the client's physical media, hardware, software, or other property have been stored on-premises, the studio holds the authority to not release said property until all monies due have been paid. The media will become studio property and full ownership will be transferred after ten days of non-payment.
Unauthorized Media Usage
In the event the client has been given access to pre-finalized production media or finalized assets and has failed to pay, none of the assets can be used without the studio's permission. Said assets will shift copyright and full ownership to Sky Feather Studios (or DBA Sky Feather) until full payment has been made.
Personal Hires
The client understands that the quoted rate includes the services of at least one of the vendors approved by Sky Feather Studios (or DBA Sky Feather). The client may choose to use their vendors, at Sky Feather Studios (or DBA Sky Feather)'s discretion and approval. Sky Feather Studios (or DBA Sky Feather) reserves the right to refuse such client-provided vendors access to equipment, sensitive areas, proprietary information, past works of clients, or any other information and hardware that may not be suitable for the project at the studio's discretion.
Arbitration Agreement
The client hereby consents to voluntarily agree to submit any disputes with Sky Feather Studios (or DBA Sky Feather) to final and binding arbitration, to be held in the county of WA, state of WA, in accordance with the then-current rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final, conclusive, and binding on the parties.
Missing Media / Hardware
In the event of loss or damage to assets due to willful negligence on the client's part or storage failure, the studio shall not be held responsible. Digital files are available upon request, and the studio is not responsible for the loss resulting from the misuse of assets or missing files past 30 days of archiving.
Credit to Sky Feather Studios (or DBA Sky Feather)
At the end of all services, the client agrees to include the business name "Sky Feather Studios (or DBA Sky Feather)" in the credits or elsewhere on the final work, maintaining visibility and proportion. If works are considered "white label," the client can rebrand to make it appear as if they created the project deliverables.
Advertisement / Likeness
All assets created by Sky Feather Studios (or DBA Sky Feather) can be used for the advertisement of Sky Feather Studios (or DBA Sky Feather)'s services, reflecting the studio's ability, services, interests, or presence.
Extraneous Time
Time outside of the originally allotted project timing is subject to approval from Sky Feather Studios (or DBA Sky Feather) and is not guaranteed. If work continues, an agreed-upon hourly rate will be discussed, presented, and agreed upon in a written agreement.
Late Fees / Payment via Percentage
Payment terms are outlined in the invoice copy. If payment has not been made in the required amount of time, an additional 15% late fee charge will be added to the invoice every 45 days after the due date. After three months of non-payment, the project will be considered abandoned, and Sky Feather Studios (or DBA Sky Feather) may use all necessary resources to secure payment.
Model Release
Media created by Sky Feather Studios (or DBA Sky Feather) serves as a release for the talent/artists involved, giving Sky Feather Studios (or DBA Sky Feather) the irrevocable right to use the audio recordings, photographs, and video recordings in all forms and in all media related to Sky Feather Studios (or DBA Sky Feather) as full owner of the media.
Confidentiality
The client acknowledges that they may have access to confidential and proprietary information of Sky Feather Studios (or DBA Sky Feather) and agrees to maintain the confidentiality of such information.
Indemnification
The client agrees to indemnify and hold Sky Feather Studios (or DBA Sky Feather), its employees, contractors, and affiliates harmless from any claims, damages, losses, liabilities, and expenses arising out of or in connection with the client's use of the services provided by Sky Feather Studios (or DBA Sky Feather).
Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under this agreement to the extent that such failure or delay is caused by events beyond their reasonable control.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the state of Washington. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Washington.
Waiver
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
Media Revisions:
In the interest of ensuring complete satisfaction with the final deliverables, Sky Feather Studios (or DBA Sky Feather) has outlined specific revision allowances for different types of media. These revisions are intended to give the client an opportunity to request changes and ensure the final product meets their expectations. The following outlines the number of revisions included within the original scope of the project:
Videos: Clients are entitled to 2 revisions per video. This allows for adjustments in editing, sequencing, or other elements to ensure the final product aligns with the client's vision.
Graphics: A total of 3 revisions per graphic are available. These revisions can address design elements, color schemes, layout, and other graphical aspects.
Audio: For each audio piece, up to 3 revisions are permitted. This covers changes in mixing, mastering, sound design, and other audio-related adjustments.
Website: One complete revision per website is included. This comprehensive revision enables clients to request modifications in layout, design, content, and functionality to ensure the website meets their requirements.
Additional revisions beyond these specified limits can be accommodated but may incur additional charges as per the rates specified in the Additional Work clause. It's our goal to work collaboratively with our clients to achieve the best possible outcome while respecting the boundaries of the project scope and timeline.
Timing of Deliverables:
If the deliverables have exceeded 2 months of total duration from the agreed-upon delivery date with no additional contact, or if the client has not contacted Sky Feather Studios (or DBA Sky Feather) within 45 days during the project, then the project is considered abandoned. In such cases, Sky Feather Studios (or DBA Sky Feather) reserves the right to secure the assets, as well as the reselling of said assets.
Additional Work:
Any work outside of the scope of this contract is defined as additional work and subject to hourly labor rates (starting at $129). Any new rates or proposals outside of the scope of this contract will be sent to the client beforehand and agreed upon before additional work is completed.
Intellectual Property:
All work is considered a part of Sky Feather Studios (or DBA Sky Feather)'s intellectual property. As such, it can be modified, resold, or remixed into alternative deliverables for other partners, clients, or similar transactions. The client retains ownership of the deliverable forms of their site, media, or graphics, only in their delivered form. Any RAW elements, project files, source code can be purchased for an additional, agreed-upon rate.
Exclusivity:
During your project, the client agrees to exclusively hire only Sky Feather Studios (or DBA Sky Feather) for the work outlined in the contract. Any attempts to hire similar vendors for the same work outlined in this contract constitutes a breach of contract and, as such, is subject to termination of said contract and any dues paid immediately.
Entire Agreement
This agreement, including any attachments or addenda hereto, constitutes the entire agreement between the client and Sky Feather Studios (or DBA Sky Feather) and supersedes all prior discussions, negotiations, and agreements. Any modifications or amendments must be in writing and signed by both parties.
This revised text replaces all instances of the placeholder with "Sky Feather Studios (or DBA Sky Feather)" to maintain consistency and clarity throughout the document.