Terms of Service

SECTION 1

Introduction

‍
The following is our Terms of Service, aka the Service Agreement, which is administered for each booking and is considered intellectual property. Clearform Creative LLC (Provider) also known as "Clearform" at any time may revise the terms outlined herein by updating this document/web page.

These terms are also linked on all Clearform invoices. When a client submits payment for an invoice, the client understands payment constitutes acceptance of these terms.

‍

SECTION 2

Background

‍

A. The Client is of the opinion that the Provider has the necessary qualifications, experience, and abilities to provide photography and/or videography and other services (the “Services”) to the Client.

B. The Provider is agreeable to providing such Services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Provider (individually a “Party,” and collectively the “Parties” to this Agreement) agree as follows:

‍

‍

SECTION 3

Services Provided

‍

1. The Client hereby agrees to engage Clearform Creative LLC as an Independent Contractor to provide the Client with the Services as outlined in the order.
‍
2. The Services will also include any other tasks which the Parties may agree on. The Provider hereby agrees to provide such Services to the Client.
‍
3. Client does not restrict Provider’s ability to perform Services for or through other parties and Provider is authorized to accept work from and perform work for other businesses and individuals besides Client.
‍
4. With all of Provider’s Services, Provider offers one (1) complimentary revision round. This revision round includes stylistic changes to the content aside from music changes for video productions (if applicable). Any additional revisions beyond the complimentary round will be billed as follows: photography and editing revisions at Four Hundred Fifty U.S. Dollars ($450.00) per round, and basic video production revisions at Seven Hundred Seventy Five U.S. Dollars ($775.00) per round. Music revisions for video productions (if applicable) start at Seven Hundred Seventy Five U.S. Dollars ($775.00) and may increase based on the changes requested. Provider will confirm all revision costs with Client in writing before proceeding.
‍
5. Client shall have the option to customize the production of their content (such as choosing the music, picking the branding, picking a website URL for their marketing, etc. if applicable) via an online Branding Questionnaire Form. Said Form will be sent to client (if applicable) and presented upon booking. Should Client not submit its production input (if applicable) to Provider within twenty-four (24) hours of the scheduled shoot, Provider shall use its best judgment in producing the content and creating marketing materials for Client.

‍

‍

SECTION 4

Terms of the Agreement

‍

6. The term of this Agreement (the “Term”) will begin as of the Effective Date of this Agreement/Invoice Date and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement with the exception of the license term provided in Paragraph 26 below. The Term of this Agreement may be extended with the written consent of both of the Parties hereto.

7. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide thirty (30) days prior written notice to the other Party.

8. The rendered packages and the terms of this Agreement begin on the Effective Date and remain in effect until all Services have been completed and all outstanding payments have been made. If this Agreement is terminated before completion, the Client shall compensate Provider for all Services performed up to the effective date of termination, including any non-refundable deposit amounts.

‍

SECTION 5

Performance

‍

10. The Parties agree to do everything necessary to ensure that the terms of this Agreement will take effect.

11. The property and asset must be ready by the appointment start time. Provider may use its discretion to cancel, postpone, or reschedule the appointment if delays are caused by other vendors, contractors, or parties on site including but not limited to other photographers or videographers, stagers, builders, landscapers, cleaners, inspectors, home sellers, homebuyers, and other real estate agents or brokers.

12. Provider is not required to provide Services beyond what is outlined in the Invoice and this Electronic Agreement. If the Parties agree to expand or modify the Services, such changes must be confirmed in writing. Provider may issue a revised invoice or change order to reflect these updates, and Client may have a remaining balance due. For safety and liability reasons, Provider’s employees, contractors, or representatives are not required to move furniture, décor, fixtures, signage, or perform any cleaning tasks.

13. Client shall ensure there are no safety hazards on site. Provider and its employees, contractors, and/or representatives reserve the right to cancel, postpone, or reschedule production should there be safety concerns. Provider may use its discretion to determine if an environment is deemed unsafe.

14. Smaller utility rooms, garage interiors, and closets are typically not captured during filming or photographing. If Client wishes to include these areas or any other specific spaces, Client must submit this request in writing prior to the appointment and before job confirmation.

15. Client acknowledges that Provider must comply with any and all laws and/or regulations regarding its use of unmanned aircraft vehicles, also known as “drones”. As such, Provider may not be able to provide certain services to Client if providing such services would result in Provider’s breach of any applicable laws and/or regulations set forth by the Federal Aviation Administration’s (FAA) guidelines and/or other legal groups with respect to the use of unmanned aircraft vehicles, also known as “drones”.

16. Provider is not liable to Client for any damages arising from or connected to the Services, including direct, indirect, incidental, special, punitive, or consequential damages. This includes, without limitation, any property damage that may occur during production.

17. In no event shall Clearform Creative LLC be held liable for any loss, damage, or injury to Client’s asset, home, resort, business, or any pet(s) arising out of or in any way connected with the Services provided by Clearform Creative LLC. CLIENT HEREBY DISCLAIMS AND WAIVES ANY AND ALL CLAIMS RELATED TO ANY SUCH LOSS, DAMAGE, OR INJURY TO CLIENT’S PROPERTY OR PET(S) IN CONNECTION WITH THE SERVICES CONTEMPLATED HEREIN.

‍

SECTION 6

Currency

‍

18. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

‍

SECTION 7

Compensation

‍

19. For the Services rendered by Clearform Creative LLC, the Client shall provide compensation (the “Compensation”) to Clearform Creative LLC in the fixed amount as highlighted in the order and invoice. Additional fees may incur should an additional package, and/or add-on, and/or an invoice gets added/modified directly, verbally, or in other means of communication, in succession of the signing of this agreement. Cancellation, postponement, or rescheduling of the Production can also be subjected to additional fees.
‍
20. A deposit equal to fifty percent (50%) of the total order (the “Deposit”) is due upon booking and is non-refundable. If Client chooses to pay the full project amount at booking, the Deposit portion remains non-refundable and is treated the same as if paid separately. Provider may offer a one-time exception at its discretion.
‍
21. If not paid in full upon booking, the remaining balance is due within four (4) business days after Provider delivers the initial deliverables. Revision rounds will not begin until all outstanding balances are paid. Late payments may incur a reasonable late fee of up to ten percent (10%) of the unpaid balance per month or the maximum rate permitted by law, whichever is lower. Client grants Provider permission to contact Client’s broker, manager, or employer regarding unpaid balances. Provider may suspend all licenses granted herein if any balance remains unpaid for more than one (1) month.
‍
22. Should Client fail to show up to a scheduled shoot, have the shoot site unprepared at the time of the scheduled shoot or need to reschedule a scheduled shoot within twenty-four (24) hours of a scheduled shoot, Client will incur a rescheduling fee of Three-Hundred-Fifty U.S. Dollars ($350.00). Client may avoid any such rescheduling fee if Client notifies Provider of such rescheduling needs more than twenty-four (24) hours before any scheduled shoot. If the Parties begin a scheduled shoot and need to stop said shoot due to weather conditions and/or conditions in which the Parties’ safety and/or Provider’s filming equipment may be damaged, rescheduling fees shall not apply.

‍

‍

SECTION 8

Production Timeline

‍

23. Provider requires a minimum of two (2) hours of open access on site for production, depending on the Services requested. Unpredictable delays outside Provider’s control may impact shooting time and delivery schedules. Turnaround times vary based on the project scope and will be provided in writing for each order. Delays in receiving required inputs from Client, including branding materials or approvals, may extend delivery timelines. Provider may begin post-production using its professional judgment if Client does not provide required inputs within the requested timeframe.

‍

‍

SECTION 9

Reimbursement of Expenses

‍

24. Clearform Creative LLC will not seek reimbursement for any expenses incurred in connection with providing the Services as long as the production location of the Services is within a fifty (50) mile roundtrip from zip code 91377.

‍

SECTION 10

Ownership of Intellectual Property

‍

25. Provider retains all rights, titles, and interests in any and all work product, raw files, and materials created in connection with the Services, subject only to the Client License described in Paragraph 26.

‍

26. Client License to Work Product. Upon final payment, Provider grants Client a fully paid, non-exclusive, non-transferable, non-assignable license to use the final delivered work product for a period of ten (10) years (the “License Term”). This license permits Client to publish, distribute, and use the final delivered work for marketing and promotional purposes. Provider retains all rights to use the work product for its own portfolio, website, advertising, proposals, and business development. After the License Term expires, Client must obtain Provider’s written consent to continue using the work product.

‍

SECTION 11

Governing Law & Venue

‍

27. This Agreement is to be governed by the Laws of the STATE OF CALIFORNIA. The Parties consent to the exclusive jurisdiction and venue of any state court located within Los Angeles County, State of California in connection with any matter arising out of this Agreement. The prevailing Party in any such disputes shall be entitled to collect from the other Party all costs incurred, including reasonable attorneys’ fees.

‍