Brave Sir Media’s Terms and Conditions
Notice of Terms
The following terms and conditions of service (hereafter referred to as “Terms”) shall apply in respect of all products and services (herein referred to as the “Product” or “Services”) provided by Brave Sir Media, LLC (herein referred to as “Brave Sir Media,” “Us,” or “We”) for you, your agents, or the entity that you represent (herein referred to as “You” or “Client”). The Services provided by Brave Sir Media are subject to your acceptance, without modification, of the Terms and all other rules and policies that may be included by reference. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions. We reserve the right to update or modify these Terms at any time, without notice. For this reason, we insist that you read and review these Terms before ordering any of Our Services. If you do not agree to these Terms, please do not order our Products and/or Services.
The Services herein are made available, only for lawful purposes, to persons at least 18 years of age. You may only contract Services if you are able to form a binding contract with Brave Sir Media and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms on behalf of any organization, company, government, or other legal entity, you represent and warrant that you are authorized to do so. You may only contract Brave Sir Media after accepting these Terms, and only in compliance with all applicable local, state, national, and international laws, rules and regulations.
1) Introduction
A contract is formed, agreed upon, and entered into by the Client and Brave Sir Media when an Order for Services or Product is placed or received either in written, verbal, or electronic form (herein referred to as the “Order” or “Order for Services”) by the Client. We agree to supply the Product or Services to the Client as detailed in the Order and according to these Terms.
2) Payment
Brave Sir Media shall issue an invoice or receipt to the Client regarding the Product and/or Services rendered, or to be rendered, containing the agreed upon price and details outlined in the Order. In the event of Cancellation of the Order by either party, if 24 hours have passed since the Order was placed, all deposits received regarding the Order are only refundable in the amount of 50% of the total monies received by the Client. A full refund will be issued for any monies paid regarding the Order if it is cancelled within 24 hours of Order placement.
If payment terms are not set out in the Order, then the following applies:
A minimum 50% deposit is due upon booking. The Deposit ensures retention of the desired Product or Services as specified in the Order.
Payment is to be made in U.S. Dollars, paid by Debit or Credit Card online through our secure website, or by PayPal, or by a check made out to Brave Sir Media and sent to the address listed on the invoice.
Any remaining balance is due before final delivery of any finished Product.
3) Delivery
The finished Product shall be delivered to the Client, only after Client approval of the Product, and only after any remaining balance due has been paid regarding the Product. Every effort will be made to deliver the finished Product in the time frame specified in the Order, however, times given for delivery of the Product are estimates only, and time shall not be of the essence. Time estimates are in business days, not calendar days. Upon final approval of the Product by the Client, and upon final payment, Brave Sir Media will deliver the finished Product via a download link on a secure website. If the Client wants the Product delivered by a different method, such as DVD, hard drive, print, etc., a separate quotation may be issued regarding any additional production costs of the physical media.
4) Acceptance and Changes
Editing of the Product or Services shall be done in accordance with the Order. After initial editing process, and upon approval of the Product by the Client, the Product will be delivered to the Client on a secure website. The Client may request one additional round of editing changes to be made to the Product at no additional charge, to the extent that the changes to be made are consistent with the Order and take no longer than three man-hours to complete.
Changes to the Product or Services that result in additional work beyond three man-hours will be chargeable at our current daily editing rate.
5) Data Backup Policy
After delivery of final Product, Brave Sir Media takes reasonable steps to maintain digital backups of any final edited Product ordered by the Client (excluding raw files). However, Brave Sir Media will not be responsible for any loss of Client data or files stored, or intended to be stored, on Our media storage drives. The Client is ultimately responsible for maintaining backups of all delivered Products by Brave Sir Media. By acceptance of these Terms, the Client absolves Brave Sir Media of any liability arising from loss of backups of Client’s data or files.
6) Safety and Insurance
Brave Sir Media and the Client agree upon dates for production when the Order for Services is made. Should there be inclement weather, an Act of God, or an emergency that prevents the Services from being filmed on agreed upon dates, Brave Sir Media and the Client will make reasonable attempts to reschedule the Services at no additional charge.
For safety and insurance reasons, Brave Sir Media reserves the right to refuse to perform any action that may endanger Us or Our equipment.
7) Cancellation Policy
All deposits for Orders for Our services are 50% non-refundable after 24 hours of ordering. All cancellations must be made in writing at least 7 days in advance of agreed upon production date. If Client paid the full amount as specified in the Order, and cancellation occurs more than 7 days out from filming date, the Client will receive a 50% refund of any monies paid. Cancellations that occur within 7 days of the filming date will result in forfeiture, by You, of the full amount of any monies already paid to Us.
If, for any reason, at any time, We have to cancel the Product or Service ordered, any monies refunded to the Client shall be limited to only such monies already paid to Us, by the Client.
8) Additional Expenses
All expenses incurred by Brave Sir Media in providing the Product or Service shall be detailed and pre-arranged in the Order. In absence of prior notification of expenses, the following rates shall apply:
Travel expenses shall not apply if the filming location is within a 1-hour drive from Asheville, NC.
If the filming location is greater than a 1-hour drive from Asheville, NC, there will be a fee of $50/hour of travel time added, to be paid by Client.
If lodging is required, Client will pay any and all costs associated with any lodging accommodations.
9) Ownership, Copyright and Licensing
Unless otherwise stated in the Order, Brave Sir Media retains ownership and copyright of any and all Original Material it creates and/or produces, now and in the future. Original Material includes created images, video recordings, audio recordings, photographs, visual effects, motion graphics, soundtracks, trademarks, printed material and any other material created by Brave Sir Media, either on its own, or commissioned by a Client and pursuant to an Order. The Client is responsible for obtaining any necessary permissions and/or licenses for the inclusion of any outside copyrighted material, trademarks, performers or performances, not created by Brave Sir Media, that the Client wants implemented into the Product created by Brave Sir Media, pursuant to the Order. Unless otherwise agreed upon in the Order, We retain the right to use any Original Material in its raw or edited form for the purposes of marketing, or use as promotional material for Brave Sir Media, and any third party involved in the creation of the Product or Service.
Unless otherwise stated in the Order, and only upon full payment of any monies owed regarding the Product, We hereby grant the Client a non-exclusive, non- transferrable, non-sub-licensable license to use the Product created by Us for the Client, as specified in the Order. The Client may use the Product, in perpetuity, for any promotional and/or exhibition purposes, but only in its complete, finished form, and never in part, and only if the Brave Sir Media company name is credited, wherever the Product is viewed, except where such credit is prohibited by law. The Client shall not sell, trade, or create derivative works from any Original Material, created or owned, by Brave Sir Media. For exclusive licensing, ownership rights of the Product, broadcast licensing rights, distribution rights, or any other rights not specified herein, a separate contract must be written regarding the specific license required. Upon acceptance and agreement of the new contract by both Parties, a separate quotation will be issued regarding the new license.
All design concepts such as logos, themes, plans, models, or any other Original Material created by Us, shall remain vested in Us, and the Client shall only be permitted to use the Original Material and design concepts created by Us for the purposes outlined in the Order.
10) Liability
Brave Sir Media accepts no liability, now or in the future, for any loss or damage that may arise from the use of the Product or Service by the Client. We shall incur no liability for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you, to Us, or instructions supplied by you, to Us, which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
We shall not be liable, directly or indirectly, for any loss of profit, loss of goodwill, any destruction of data, damage, costs or expenses that arise out of or in connection with the Product or Services, unless caused by Our direct negligence. Our entire liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection to the Product or Services delivered, shall not exceed either the amount of the price payable by the Client in regards to the Product or Service, or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy We hold.
The Client hereby agrees to indemnify and hold Us harmless for all liabilities, loss, claims, expenses, or any other consequences that may arise from any breach of these terms and conditions by the Client, including any third party liabilities incurred by Us.
Any claim that the Client may have against us must be notified to Us in writing within 30 days of the claim arising.
11) Alternative Dispute Resolution
Any controversy, dispute or claim arising out of or relating to these Terms or breach thereof shall first be settled through good faith negotiation. If the dispute cannot be settled through negotiation, the parties agree to attempt in good faith to settle the dispute by mediation administered by a mediator mutually agreed upon by the parties who act in good faith to reach agreement on a mediator. If the parties are unsuccessful at resolving the dispute through Mediation, the parties agree as follows:
A) All disputes among the parties arising out of these Terms shall be submitted to binding arbitration, utilizing rules and procedures of the Revised Uniform Arbitration Act (N.C.G.S. § 1-569.1, et seq.), except as may be amended by this Agreement.
B) Brave Sir Media and Client shall first attempt to agree upon a single arbitrator. If Brave Sir Media and Client are unable to agree upon a single arbitrator within ten (10) days after a written request for arbitration is delivered to the other party, each party shall submit in writing the name of an arbitrator to the other party within fifteen (15) days of the request for arbitration. Within fifteen (15) days of disclosure of each party’s arbitrator, the two named arbitrators shall select a third arbitrator and the three arbitrators shall constitute the arbitrators for resolution of the dispute.
C) The location of the hearing before the arbitrator shall be in Buncombe County, North Carolina, as selected by the arbitrators.
D) Each party shall bear the cost of its own costs, attorney’s fees and any fee for any witness such party may call to testify at the arbitration hearing.
E) Brave Sir Media and Client shall each pay the costs and fees of the arbitrator that they named and each pay one half of the costs and fees of the arbitration, including any fee paid to the arbitrator selected by the two arbitrators named by the parties.
F) Brave Sir Media and Client hereby contract and agree that any award made final under the terms and conditions of this Agreement and the provisions of N.C.G.S. § 1-569.1 et seq. shall be binding upon each party and shall be a final settlement of all matters in controversy between them and each party hereto thereupon binds herself to perform all matters and things awarded and ordered to be done by the arbitrator or by the courts of North Carolina, and upon a party’s full performance of its obligations so ordered, that party shall thereupon be released from any further liability whatsoever to any other party, arising out of all matters which are or may be in controversy between them.
12) Termination
Brave Sir Media reserves the right to terminate any and all services without cause, at any time, if the Client fails to comply with any of these Terms and Conditions. The Client may terminate the Product or Service by following Our cancellation policy as outlined in section 7 of these Terms. Sections 9, 10, and 11 of this agreement regarding Ownership, Copyright, Liability, and Alternative Dispute Resolution, respectively, as well as Our Privacy Policy shall survive termination of these Terms for any reason.
13) Applicable Law
These Terms shall be interpreted under and is governed by the law of the State of North Carolina.
Brave Sir Media, LLC
Asheville, NC 28803
Contact@BraveSirMedia.com