Terms & Conditions

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RATES

RATES (DEFINED AS DOLLAR PER HOUR COST OF SERVICES OR FLAT RATE SERVICES) ARE TO BE STATED BEFOREHAND AND SUBJECT TO INCREASE WITH ADDITIONAL PROJECT DELIVERABLES OR CLIENT REFORMS - SHOULD A RATE BECOME SUBJECT INCREASE IT MUST BE CLARIFIED VIA THE CLIENT POINT OF CONTACT AND THE SKY FEATHER STUDIOS POINT OF CONTACT AND AGREED UPON FOR WORK TO CONTINUE. LABOR AND SERVICES RENDERED AFTER PRE-BOOKED HOURS ARE CONSIDERED ADDITIONAL CLIENT PAID TIME AND SUBJECT TO INCREASE FROM ORIGINAL RATES.

KILL FEE / DEPOSIT

IT IS THE CLIENT'S RESPONSIBILITY TO INFORM ALL ACTING SKY FEATHER STUDIOS MEDIA PROFESSIONALS OF CHANGES TO SCHEDULED BOOKINGS. A "KILL FEE" IS A DEFINED PAYMENT THAT IS GIVEN TO THE POINT OF CONTACT MEDIA PROFESSIONAL IF THEIR ASSIGNED PROJECT IS 'KILLED' OR CANCELLED. A 25% MINIMUM FEE OR MORE OF THE ALLOCATED TIME OR ORIGINAL FLAT RATE QUOTE ORIGINALLY BOOKED CAN BE ADDED TO THE FINAL TOTAL BILL UP UNTIL THE NEW END OF ALL SERVICES. A KILL FEE IS ADDED IN THE EVENT OF A CANCELLATION WITHOUT 24HR DIRECT NOTICE FROM THE CLIENT VIA PHONE, EMAIL, OR OTHER ELECTRONIC MESSAGING SERVICE ALONG WITH ACKNOWLEDGEMENT FROM ALL MEDIA PROFESSIONALS INVOLVED. DEPOSIT REFUNDABILITY IS SUBJECT TO THE DISCRETION OF THE LEAD POINT OF CONTACT MEDIA PROFESSIONAL. IF THE STUDIO FEELS IT'S NO LONGER IN THE BEST INTEREST OF THE BUSINESS WE RESERVE THE RIGHT TO END ALL SERVICES WITHOUT REFUND.

STOLEN GOODS

ALL HARDWARE / SOFTWARE / MEDIA ACQUIRED, STOLEN, MISMANAGED, DESTROYED, OR TAKEN FROM THE STUDIO PROPERTY OR ON-SITE WILL BE RETURNED OTHERWISE CLIENTS WILL BE SUBJECT TO PROSECUTION FROM THE FULLEST EXTENT OF THE LAW. MEDIA USED WITHOUT PAYMENT IS 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 50% DOWNPAYMENT OF THE TOTAL PROJECT COST UPON SIGNING OF THIS CONTRACT (UNLESS OTHERWISE NOTED). THE CLIENT WILL THEN BE INVOICED FOR THE REMAINDER AFTER THE 1ST PROJECT CREATION DATE (SHOOT, RECORDING, AUDIO SESSION, PHOTO SESSION, EDITING SESSION, OR SIMILAR). ALL INVOICES ARE DUE AS NO LATER THAN 30-DAYS AFTER RECEIVED THE INVOICE HAS BEEN SENT TO THE CLIENT (UNLESS OTHERWISE NOTED BY A SKY FEATHER STUDIOS MANAGER, OWNER, LEAD, CLIENT, OR DIRECTOR (PLEASE REFER TO LATE FEE FOR MORE DETAILS AND NOTE THE PAYMENT TERMS IN YOUR CONTRACT COPY)

DAMAGE

CLIENT SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO STUDIO PROPERTY, RENTED EQUIPMENT, CONTRACTORS EQUIPMENT ACTING UNDER SKY FEATHER STUDIOS, EMPLOYEES, MODELS, BUILDINGS, AND LOCATIONS FOR ANY DAMAGES  INCURRED BY CLIENT, EMPLOYEES OF CLIENT, GUESTS OF CLIENT, OR AGENTS OF CLIENT ACTING UNDER CLIENT'S INSTRUCTION, AS A RESULT OF MISUSE, NEGLIGENCE, AND OR CARELESSNESS ARE CLIENTS RESPONSIBILITY. ALL DUES OF DAMAGE TO SKY FEATHER STUDIOS-OWNED PLACES, PERSONS, OR EQUIPMENT SHALL BE PAID IN FULL AT MARKET VALUE OR REPAIR COST NO LATER THAN 6 DAYS AFTER THE LAST SESSION. THE CLIENT IS RESPONSIBLE FOR FACILITATING REPAIR, REPURCHASE, DAMAGES, BILLS, EXPENSES, AND LEGAL ACTION IF DONE TO NON-SKY FEATHER STUDIOS EMPLOYEE(S), ENTITY(IES),  EQUIPMENT, HARDWARE, SOFTWARE, OR INDIVIDUAL(S).

CHANGES / REVISIONS

THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN CLIENT AND STUDIO, AND MAY NOT BE MODIFIED, CHANGED, OR TERMINATED IN ANY WAY UNLESS THERE IS A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES DURING REVISIONS. THE CLIENT IS ENTITLED TO TWO REVISIONS OF REWORKING FOR EACH AUDIO, PHOTOGRAPH, AND GRAPHIC DESIGN FILE(S) AND ONE REVISION FOR VIDEO WORK. ALL OTHER SUBSEQUENT REVISIONS ARE SUBJECT TO ADDITIONAL CHARGES AT MEDIA PROFESSIONAL'S DISCRETION.

MEDIA RELEASE / COPYRIGHT TRANSFER (FAILURE TO PAY)

IN THE EVENT CLIENTS PHYSICAL RECORDING MEDIA HAVE BEEN STORED ON-PREMISES, THE STUDIO HOLDS AUTHORITY TO NOT RELEASE SAID MEDIA UNTIL ALL MONIES DUE STUDIO HAVE BEEN PAID. IN THE EVENT THAT CLIENT HAS FAILED TO PAY, STUDIO'S COPIES/ORIGINALS OF MEDIA CREATED AT THE STUDIO/ON-SITE, THE STUDIO SHALL NOT RELEASE SAID MEDIA UNTIL ALL MONIES DUE TO THE STUDIO HAVE BEEN PAID. THE MEDIA WILL BECOME STUDIO PROPERTY AND FULL OWNERSHIP WILL BE TRANSFERRED OF SAID MEDIA AFTER 10-DAYS OF NON-PAYMENT.

UNAUTHORIZED MEDIA USAGE

IN THE EVENT CLIENT HAS BEEN GIVEN ACCESS TO PRE-FINALIZED PRODUCTION MEDIA (UNMASTERED AUDIO, UNEDITED VIDEO, WATERMARKED MEDIA, BRANDED MEDIA, RAW FILES, PROJECT FILES, OR THE LIKE) OR FINALIZED MEDIA AND HAS FAILED TO PAY: NO MEDIA CREATED AT THE STUDIO/ON-SITE MAY BE USED WITHOUT STUDIOS PERMISSION. ALL OF THE SAID MEDIA IS SUBJECT TO THE STUDIO'S COPYRIGHT AND REQUIRES FULL PAYMENT AND IN THE EVENT OF NON-COOPERATION A CEASE AND DESIST CONTACT WILL BE ORDERED, POSSIBLE FURTHER LEGAL ACTION, OR ADDITIONAL MONETARY COMPENSATION. IN THE EVENT CLIENT HAS BEEN GIVEN ACCESS TO PRE-FINALIZED PRODUCTION MEDIA (UNMASTERED AUDIO, UNEDITED VIDEO, WATERMARKED MEDIA, BRANDED MEDIA, OFFICIALLY UNRELEASED WORKS, RAW FILES, PROJECT FILES, OR THE LIKE) OR FINALIZED MEDIA AND LEAKED IT TO THE PUBLIC EITHER WITHOUT RELEASE CONSENT, BY ACCIDENT OR NEGLIGENCE SKY FEATHER STUDIOS ABSOLVES ITSELF FROM ALL LOST MONIES, LEGAL RAMIFICATIONS, AND OTHER PENALTIES. IF MEDIA IS THE PROPERTY OF THE STUDIO THEN SKY FEATHER STUDIOS WILL SEEK ALL LOST MONIES FROM THE CLIENT AND PROSECUTE THE CLIENT TO THE FULLEST EXTENT OF THE LAW.

PERSONAL HIRES

THE CLIENT UNDERSTANDS THAT THE RATE QUOTED FOR THE SERVICES INCLUDES THE SERVICES OF AT LEAST ONE OF THE STUDIO'S DESIGNATED MEDIA PROFESSIONALS. CLIENT MAY CHOOSE TO USE THEIR OWN MEDIA PROFESSIONAL, CAMERA OPERATOR, AUDIO ENGINEER, VIDEOGRAPHERS, MODELS, ACTORS, PHOTOGRAPHERS, ETC. AT THE STUDIOS DISCRETION AND AFTER APPROVAL FROM MANAGEMENT. SKY FEATHER STUDIO RESERVES THE RIGHT TO REFUSE SUCH HIRES 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 STUDIOS DISCRETION.

ARBITRATION AGREEMENT

THE UNDERSIGNED ("YOU" OR "YOUR") HEREBY CONSENTS TO VOLUNTARILY AGREE TO SUBMIT  ANY DISPUTES WITH SKY FEATHER STUDIOS  ("COMPANY") TO FINAL AND  BINDING ARBITRATION. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES ARISING OUT OF, RELATING TO OR CONCERNING ANY INTERPRETATION, CONSTRUCTION,  PERFORMANCE, OR BREACH OF THE CONTRACTUAL  AGREEMENT  BY AND BETWEEN YOU AND THE COMPANY ENTERED INTO AS OF THIS DATE (SEE BELOW) (THE "AGREEMENT") SHALL BE SUBJECT TO 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) FOR THE RESOLUTION OF ANY   TYPES OF DISPUTES (THE "RULES"). YOU FURTHER CONSENT THAT ANY ARBITRATION WILL BE ADMINISTERED BY THE AAA AND THAT THE ARBITRATOR SHALL BE SELECTED IN A MANNER CONSISTENT WITH THE RULES. TO INITIATE THE ARBITRATION PROCESS, THE AGGRIEVED PARTY MUST FILE AND SERVE UPON THE RESPONDING PARTY A WRITTEN CLAIM IN ACCORDANCE WITH THE RULES. YOU ALSO AGREE THAT THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES, INCLUDING PRELIMINARY RELIEF, INJUNCTIVE RELIEF, ATTORNEYS FEES AND COSTS, AND ALL OTHER REMEDIES AVAILABLE UNDER THE APPLICABLE LAW. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, CONCLUSIVE, AND BINDING ON THE PARTIES OF ARBITRATION. JUDGMENT MAY BE ENTERED ON THE ARBITRATOR'S DECISION IN ANY COURT HAVING JURISDICTION. THIS IS THE COMPLETE AGREEMENT OF THE PARTIES ON THE SUBJECT OF ARBITRATION PROVISION CONTAINED IN ANY PENSION OR BENEFIT PLAN. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY THE COMPANY OR ANYONE ELSE. SIGNATURES ON THE PAGE  FOLLOWING THIS ONE CONSTITUTES YOUR AGREEMENT. ALL LEGAL MONETARY VALUE TAKEN AGAINST THE STUDIO IS LIMITED TO THE COST OF THE PACKAGE (SEE NEXT PAGE)

MISSING MEDIA / HARDWARE

IN THE EVENT OF LOSS TO OR DAMAGE OF CLIENTS RECORDED MEDIA DUE TO WILLFUL NEGLIGENCE ON THE CLIENTS PART STUDIO SHALL NOT BE HELD RESPONSIBLE. DIGITAL FILES ARE AVAILABLE UPON REQUEST AT ALL NORMAL BUSINESS OPERATING HOURS AND WEEKDAYS. ALL CONTENT IS ARCHIVED FOR A MAXIMUM OF 60 DAYS - THE STUDIO IS NOT RESPONSIBLE FOR LOSS. STUDIO SHALL ENDEAVOR TO SECURE ALL OTHER PROPERTY LEFT ON PREMISES OF SHOOTING LOCATION, SKY FEATHER STUDIOS FACILITIES, OR OFFICES BY CLIENT BUT IS NOT RESPONSIBLE FOR LOSS DUE TO FOLLOWING DAMAGES: THEFT, FIRE, AN ACT OF GOD, DESTRUCTION OR FAILURE OF DIGITAL STORAGE MEDIA, OR OTHER UNNAMED OCCURRENCE(S). CLIENTS RECORDING MEDIA OR ITEMS LEFT ON PREMISES AFTER 90 DAYS A OF LAST INTERACTION WITH SKY FEATHER STUDIOS AND CLIENT SHALL BECOME THE PROPERTY OF THE STUDIO. IF INVOICES DUE TO THE STUDIO HAVE NOT BEEN PAID THEN SAID ITEMS CAN BE SECURED BY SKY FEATHER STUDIOS AS APPLICABLE COMPENSATION. SKY FEATHER STUDIOS AIMS TO PROVIDE THE MOST COMPREHENSIVE COVERAGE OF YOUR EVENTS, SESSIONS, SHOOTING DAYS, STUDIO SESSIONS, OR THE LIKE. EVERY REASONABLE EFFORT WILL BE MADE TO DOCUMENT THE REQUESTED EVENTS OR SESSIONS, BUT NO SPECIFIC POSE, TIME, ACT, SOUND, VIDEO, PHOTO, AUDIO, OR PORTION OF THE DAY CAN BE PROMISED OR GUARANTEED. SKY FEATHER STUDIOS AND ANY ACTING MEDIA PROFESSIONALS ARE NOT LIABLE FOR ANY MISSED PHOTOGRAPHY SHOTS, VIDEOGRAPHY SHOTS, OR AUDIO RECORDINGS DURING RECORDING SESSIONS, EVENTS, SHOOTS, OR SETS. SKY FEATHER STUDIOS AND ANY ACTING MEDIA PROFESSIONALS ARE NOT LIABLE FOR MEDIA MISSING FROM TECHNICAL FAILURES, ACTS OF GOD, NATURAL EVENTS, LOST STORAGE DEVICES, FORMATTED MEDIA, OR STORAGE FAILURE.

CREDIT TO STUDIO

AT THE END OF ALL SERVICES SKY FEATHER STUDIOS HAS ACTED AS A LINK IN THE RECORDING OR PRODUCTION WORK PROCESS AND AS SUCH THE CLIENT AGREES TO INCLUDE THE STUDIO NAME AS "SKY FEATHER STUDIOS" (REQUIRED: ALL CAPS / IF APPLICABLE: IN PROXIMA NOVA FONT - WHITE OR BLACK) IN THE CREDITS OR ELSEWHERE ON THE FINAL WORK (I.E., ALBUM ARTWORK, ONLINE DESCRIPTION, CREDIT ROLL, LOGO PLACEMENT, VIDEO DESCRIPTION OR INSERT). ALTERNATIVELY, THE CLIENT MAY CHOOSE TO INCLUDE STUDIO'S LOGO ON THE FINAL WORK WITH A MINIMUM OF 5% TOTAL DISPLAY AREA, WHILE MAINTAINING VISIBILITY AND PROPORTION. IN THE EVENT THAT WORKS IS CONSIDERED "WHITE LABEL" (A WHITE LABEL PRODUCT IS A PRODUCT OR SERVICE PRODUCED BY ONE COMPANY (SKY FEATHER STUDIOS) SAID SIGNER (THE MARKETER, 3RD PARTY AGENCY, EXTERNAL BRAND, OR RESELLER) CAN REBRAND TO MAKE IT APPEAR AS IF THEY CREATED THE PROJECT DELIVERABLES OR IT WAS DELIVERED TO ANOTHER COMPANY TO BE USED IN A LARGER PROJECT).

ADVERTISEMENT / LIKENESS 

ALL MEDIA CREATED BY SKY FEATHER STUDIOS CAN BE USED FOR THE ADVERTISEMENT OF SKY FEATHER STUDIOS SERVICES. PHOTO, ANIMATION, VIDEO, AND AUDIO CREATED BY SKY FEATHER STUDIOS MAY BE USED TO REFLECT THE ABILITY, SERVICES, INTERESTS, OR PRESENCE OF THE STUDIO.

EXTRANEOUS TIME

TIME THAT IS OUTSIDE OF THE ORIGINALLY BOOKED SESSION MAY BE SUBJECT TO THE APPROVAL OF THE ACTING MEDIA PROFESSIONAL AND/OR CONTRACTOR ON-SITE OR IN-STUDIO. IF EXTRA TIME IS AVAILABLE AFTER SAID SESSION THEN EITHER MAY APPROVE OR DISAPPROVE TO CONTINUE WORKING. SHOULD WORK CONTINUE THEN AN AGREED-UPON HOURLY RATE WILL BE DISCUSSED AND AMENDED TO THIS DOCUMENT OR IN SOME FORM OF WRITTEN AGREEMENT DURING HOURS OF THE STUDIO THAT HAVE BEEN BOOKED FROM A RECORD LABEL ENTITY BOOKING SAID TIME MAY BE CUT SHORT IF THE STUDIO FEELS IT IS NO LONGER ECONOMICALLY VIABLE TO CONTINUE RECORDING AUDIO, VIDEO, OR PHOTO (SUCH AS IF THE STUDIO FEELS IT IS WASTING TIME, NO VALUE IS IN THE CURRENT WORK, THE ARTIST IS INEBRIATED, THE WORK IS OF LOW-QUALITY, OR THE ARTIST IS PROCRASTINATING DURING STUDIO TIME)

LATE FEES / PAYMENT VIA PERCENTAGE

ALL PAYMENT DUE DATES ARE OUTLINED IN YOUR INVOICE COPY (UNLESS OTHERWISE STATED AS NET15, NET30, NET60 OR ANOTHER LENGTH). PAYMENT IS DUE AFTER ALL INITIAL SERVICES HAVE BEEN RENDERED (INITIAL SERVICES ARE DEFINED AS THE PRE-EDITING STATE FOR FULL PROJECTS). A DEPOSIT OR PORTION OF THE INVOICE MAY BE DUE BEFORE SERVICES HAVE BEEN COMPLETED AND WILL BE STATED AS A PERCENTAGE OF THE TOTAL INVOICE OR A FLAT RATE. BOTH OF THESE MUST BE NOTATED IN THE INVOICE. IF THE CLIENT DOES NOT SPECIFY PAYMENT TERMS THEN PAYMENT IS DUE UPON INVOICE RECEIPT. IF PAYMENT HAS NOT BEEN MADE IN THE REQUIRED AMOUNT OF TIME THEN EACH ADDITIONAL 30-DAYS AFTER THE INVOICE IS DUE AN ADDITIONAL 15% LATE FEE CHARGE WILL BE ADDED TO THE INVOICE. AFTER 3 MONTHS OF NON-PAYMENT THE PROJECT WILL BE CONSIDERED ABANDONED AND SKY FEATHER STUDIOS MAY USE ALL OF ITS NECESSARY RESOURCES TO SECURE PAYMENT. ALL PAYMENTS ARE BASED ON PERCENTILES OF SALES, MERCHANDISE, FRANCHISING, ROYALTIES, ETC. ARE TO BE BOOKED AND LOGGED IN FULL DURING DISCUSSED AND ALLOTTED AMOUNT OF TIME. FAILURE TO DO SO WILL RESULT IN LEGAL ACTION THAT IS NOT LIMITED TO THE ORIGINALLY AGREED UPON REIMBURSEMENT, LABOR, SALES, OR OFFERS. FEE INCREASE FROM FAILURE TO PAY PERCENTILE MAY RESULT DUE TO NEGLIGENCE, DAMAGED IMAGE, EXTRANEOUS TIME, EXTRA OFFERS, EXTENDED LABOR, TRANSPORTATION, PHYSICAL DAMAGE, OR EXTRANEOUS RESOURCES. BMI NUMBERS TO BE USED FOR ROYALTY PAYMENT. 

MODEL RELEASE

THIS CONTRACT SERVES AS A MODEL RELEASE FOR THE TALENT/ARTISTS INVOLVED GIVING THE MEDIA PROFESSIONAL THE IRREVOCABLE RIGHT TO USE THE AUDIO RECORDINGS, PHOTOGRAPHS, AND VIDEO RECORDINGS IN ALL FORMS AND IN ALL MEDIA AND IN ALL MANNERS RELATED TO SKY FEATHER STUDIOS. THIS APPLIES WITHOUT ANY RESTRICTION AS TO CHANGES OR ALTERATIONS, FOR ADVERTISING, TRADE, PROMOTION, EXHIBITION, OR ANY OTHER LAWFUL PURPOSES. THE MEDIA PROFESSIONAL CAN GRANT USE OF THE IMAGES, VIDEOS, OR AUDIO RECORDINGS TO THIRD PARTIES AND ALL COMPENSATION FOR USE AND CREDIT FOR THE IMAGES REMAIN THE PROPERTY OF SKY FEATHER STUDIOS. THE CLIENT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE PHOTOGRAPH(S), FINISHED VERSION(S) INCORPORATING THE PHOTOGRAPH(S), OR THE USE TO WHICH IT MAY BE APPLIED, INCLUDING WRITTEN COPY THAT MAY BE CREATED AND APPEAR IN CONNECTION THEREWITH. THIS RELEASE IS BINDING ON THE CLIENT, THEIR LEGAL REPRESENTATIVES, HEIRS, AND ASSIGNS. IT IS THE CLIENT'S RESPONSIBILITY TO SECURE ALL ADDITIONAL RELEASES FOR ALL LOCATIONS, ACTORS, PERSONS, GEAR, ETC. UNLESS SPECIFIED OTHERWISE.

INDEMNIFICATION

THE CLIENT WARRANTS THAT IT HAS THE FULL LEGAL RIGHTS TO ANY AND ALL MEDIA INCLUDED IN PROJECTS WITH SKY STUDIOS INCLUDING (BUT NOT LIMITED TO): PHOTOGRAPHIC ELEMENTS, FILM/VIDEO CLIPS, AUDIO RECORDINGS, MOTION GRAPHICS, ANIMATIONS, ICONOGRAPHY, TYPOGRAPHY, STATIC GRAPHICS, DIGITAL ASSETS OR GENERAL MEDIA. THE CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD THE STUDIO AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, ASSOCIATES, AND AFFILIATES AND EACH OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, LIABILITY, AND EXPENSE,  INCLUDING ATTORNEYS' FEES, ARISING OUT OF ANY CLAIM WHATSOEVER, DIRECTLY OR INDIRECTLY, FROM THE  USE OF COPYRIGHTED MEDIA (PHOTO, VIDEO, AUDIO OR THE LIKE) SUPPLIED TO STUDIO BY CLIENT.

LIABILITY

THE CLIENT AGREES THAT ALL MEDIA, PRODUCTS, AND SERVICES CREATED OR PERFORMED  FOR THE CLIENT DO NOT REPRESENT THE VIEWS, ALIGNMENTS, OR BUSINESS STRUCTURE OF SKY FEATHER STUDIOS AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, ASSOCIATES, AND AFFILIATES. SKY FEATHER STUDIOS IS NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM SAID CREATED OR PERFORMED MEDIA, PRODUCTS, AND SERVICES SUPPLIED TO THE CLIENT.

COPYRIGHT / ALTERATIONS

A "WORK MADE FOR HIRE" IS — A WORK SPECIALLY ORDERED OR COMMISSIONED FOR USE AS A CONTRIBUTION TO A COLLECTIVE REBRANDED PIECE OF WORK, AS A PART OF A MOTION PICTURE OR OTHER AUDIOVISUAL WORK, AS A TRANSLATION, AS A SUPPLEMENTARY WORK, AS A COMPILATION, AS AN INSTRUCTIONAL TEXT, AS A TEST, AS ANSWER MATERIAL FOR A TEST, OR AS AN ATLAS, IF THE PARTIES EXPRESSLY AGREE IN A WRITTEN INSTRUMENT SIGNED BY THEM THAT THE WORK SHALL BE CONSIDERED A WORK MADE FOR HIRE THEN COPYRIGHT IS HELD BY THE CLIENT. EXCEPT AS OTHERWISE NOTED UNDER A WORK FOR HIRE AGREEMENT (SUCH AS WHITE LABEL, CREW LABOR, OPERATOR LABOR, OR THE LIKE), SKY FEATHER STUDIOS OWNS ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE MEDIA(S) WHICH ARE THE SUBJECT OF THIS AGREEMENT, INCLUDING ALL COPYRIGHTS THEREIN AS WELL AS IN AND TO ALL THE EXPOSED NEGATIVES, POSITIVES, RAW FOOTAGE, PROJECT FILES, OUT-TAKES, RAW MEDIA, FINALIZED MEDIA, AND CLIPS. SKY FEATHER STUDIOS GRANTS THE CLIENT A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE FINALIZED VERSIONS OF ANY MEDIA AS SPECIFIED IN THE PROJECT OUTLINE. THIS LICENSE DOES NOT ALLOW SAID CLIENT TO MAKE ANY CHANGES, MODIFICATIONS, OR REVISIONS TO SAID CONTENT WITHOUT FIRST CONTACTING SKY FEATHER STUDIOS. ANY ALTERATIONS OF FINALIZED MEDIA OR CREATING ADDITIONAL MEDIA THAT IS ADDED TO THE FINALIZED MEDIA IS PROHIBITED WITHOUT THE EXPRESS PERMISSION OF SKY FEATHER STUDIOS. SKY FEATHER STUDIOS WILL BE GIVEN THE FIRST OPPORTUNITY TO MAKE ANY ALTERATIONS REQUIRED. UNAUTHORIZED ALTERATIONS SHALL CONSTITUTE UNAUTHORIZED USAGE MAY BE BILLED ACCORDINGLY FOR DAMAGES, LOSS OF LABOR, AND DEFAMATION OF SKY FEATHER STUDIOS PRODUCTS. AUTHORIZED ALTERATIONS TO PRODUCTS OUTSIDE OF THE AGREED-UPON AMOUNT ARE CONSIDERED EXTRA LABOR AND WILL BE CHARGED ACCORDINGLY FROM SKY FEATHER STUDIOS.

COPYRIGHT RELEASE OF EXISTING MEDIA

IT IS THE CLIENT'S RESPONSIBILITY THAT ALL MEDIA (VIDEO, PHOTO, AUDIO, GRAPHICS, OR THE LIKE) BROUGHT INTO THE PROJECT BY THE CLIENT HAS BEEN CLEARED BY THE CLIENT ITSELF. SKY FEATHER STUDIOS IS NOT RESPONSIBLE FOR PERMISSIONS, SIGN-OFFS, TRANSFERS, USABILITY, RIGHTS, AND THE LIKE FROM MEDIA NOT PROVIDED BY SKY FEATHER STUDIOS. THE CLIENT AGREES TO ABSOLVE ALL RESPONSIBILITY, LEGAL ACTION, ROYALTIES, IDENTIFICATION, OR THE LIKE FOR ANY IMPROPERLY SECURED MEDIA BY THE CLIENT TO USE WITH SKY FEATHER STUDIOS.

CONTINGENCY AND WEATHER DAYS

A. A CONTINGENCY DAY IS ANY DAY WHERE A SCHEDULED MEDIA/FILM SHOOTING HAS BEEN PREVENTED FROM OCCURRING DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PRODUCTION COMPANY. B. THESE CIRCUMSTANCES MAY INCLUDE BUT SHOULD NOT BE LIMITED TO: (1) WEATHER CONDITIONS (RAIN, FOG, SLEET, HAIL, OR ANY ADVERSE CONDITION THAT IS NOT CONSISTENT WITH THE PRESCRIBED SHOOTING CONDITIONS DESIRED BY THE CLIENT). (2) INJURY, ILLNESS, OR ABSENCE OF CLIENT-SUPPLIED ELEMENTS (E.G. KEY TALENT, COLOR CORRECT PRODUCTS). (3) "FORCE MAJEURE" (MEANING BUT NOT LIMITED TO, EARTHQUAKE, RIOT, FIRE, FLOOD, VOLCANIC ERUPTION, ACTS OF WAR, STRIKES, LABOR UNRESTS, CIVIL AUTHORITY, TERRORISM, AND ACTS OF GOD). (4) "CLIENT INSURED RE-SHOOTS" (ANY ADDITIONAL DAYS FOR A JOB INSURED 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 SHOOT DAY. C. THE PRODUCTION COMPANY RECOGNIZES ITS OBLIGATION TO MINIMIZE CONTINGENCY DAY LIABILITIES AND WILL APPLY ACCEPTED INDUSTRY CANCELLATION PRACTICES. D. THE PRODUCTION COMPANY WILL QUOTE THE MAXIMUM EXPOSURE FIGURE (A "NOT TO EXCEED" FIGURE) AS A CONTINGENCY DAY COST. THIS WILL BE A COST PER DAY FIGURE. HOWEVER, THIS FIGURE DOES NOT INCLUDE THE COST OF PREMIUMS FOR CREW OR SUPPLIERS (I.E., SHOULD THE CONTINGENCY DAY FALL ON WEEKENDS, HOLIDAYS, OR PREMIUM DAYS BASED ON CONSECUTIVE EMPLOYMENT).

ON-SITE IS DEFINED AS:

ANY WORK DONE OUTSIDE OF THE NORMAL OPERATING BOUNDARIES OF THE STUDIO PROPERTY. THE STUDIO (PHYSICAL) IS DEFINED AS: THE PREMISES OF THE SKY FEATHER STUDIOS INCLUDING THE INSIDE OF THE RECORDING SPACE, THE OUTER LAND, AND PERIMETER UP UNTIL THE CITY/NEIGHBORING PROPERTY. "THE STUDIO" (IN NON-PHYSICAL TERMS) IS DEFINED AS SKY FEATHER STUDIOS MEDIA PROFESSIONALS ARE DEFINED AS EMPLOYEES ACTING UNDER SKY FEATHER STUDIOS AND PROVIDING SERVICES (PHOTO, VIDEO AND/OR AUDIO) TO THE CLIENTS. MEDIA PROFESSIONALS ARE NOT THE SAME AS INDEPENDENT CONTRACTORS WORKING UNDER SKY FEATHER STUDIOS JURISDICTION. CLIENTS ARE DEFINED AS THE INDIVIDUAL, BUSINESS, GROUP, ORGANIZATION, OR ARTIST(S) BEING PROVIDED WITH SERVICES FROM SKY FEATHER STUDIOS AND THE SIGNERS OF THIS CONTRACT