These Terms of Service (“Agreement”) apply to all visitors of the Kolstad Media website (kolstadmedia.com) and to all services provided by CALEBKOLSTAD MEDIA, DBA Kolstad Media (“Company,” “we,” “us,” or “our”), including but not limited to film production, video production, and creative media services. By accessing this website or engaging Kolstad Media for any project or submitting payment, you agree to these terms. These terms are evergreen and apply to all projects unless otherwise specified in writing.
By using this website or engaging Kolstad Media for any service, you acknowledge and agree to these Terms of Service.
1. Website Use
- You may access and use the Kolstad Media website for lawful purposes only. You agree not to use the site in any way that could damage, disable, or impair the website or interfere with any other party's use of the site.
- All content on this website, including text, images, videos, graphics, logos, and design elements, is the property of Kolstad Media and is protected by copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on this website without prior written consent.
- We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice.
2. Scope of Work & Revisions
- The scope of each project is defined in the corresponding quote or proposal.
- Any additional work or revisions beyond the agreed scope/package require a separate quote and are billed at $150 per revision, unless otherwise specified.
- For recurring/retainer agreements, included revisions and deliverables are outlined in your agreement. Additional revisions are billed at the standard rate, with applicable discounts.
3. Payment Terms
- A 50% deposit is required to secure scheduling for one-time projects, with the remaining 50% due upon project completion. Once scheduling begins, the deposit is non-refundable.
- For recurring/retainer agreements, payment terms and commitment periods are specified in your agreement or in the payment link. Early cancellations are not permitted; if canceled before the term ends, the full remaining balance is due. Payment is required to kick off projects.
- Upfront payments are non-refundable once production begins.
4. Intellectual Property & Licensing
- Kolstad Media retains ownership of all raw footage, project files, and source materials.
- Clients receive a perpetual license to use the final deliverables for their intended purposes.
- Any modifications or third-party editing of deliverables require prior written approval from Kolstad Media.
- Kolstad Media reserves the right to use final projects for portfolio, marketing, and promotional purposes.
5. Raw Footage, Project Files & Deliverables
- Raw footage and project files are not automatically included but can be requested. Guidance will be provided for proper use.
- All projects are archived indefinitely; Kolstad Media does not delete client footage or files.
6. Scheduling, Cancellation & Rescheduling
- If a client cancels after scheduling, the deposit is non-refundable. If production has begun, a 25% cancellation fee applies to cover hard costs and time spent. This is for single projects.
- Rescheduling is allowed but must be communicated in advance, as it may impact other project timelines.
- For recurring/retainer clients, rescheduling requests must be made at least 15 days in advance. Two complimentary reschedules are allowed per year; additional reschedules may incur fees.
7. Priority Scheduling (Recurring/Retainer Clients)
Partners with recurring agreements receive first priority for scheduling.
8. Discounts for Additional Services (Recurring/Retainer Clients)
Clients with recurring agreements receive 15% off extra filming days, custom projects, and additional revisions beyond those included in their agreement.
9. Warranty Disclaimer
- All deliverables are provided “as is” upon final client approval. Kolstad Media warrants that all work will be performed in a professional and workmanlike manner consistent with industry standards.
- Kolstad Media does not guarantee specific business outcomes, including but not limited to fundraising totals, attendance increases, donor engagement levels, or any other measurable result. While our work is designed to support your goals, results depend on many factors outside our control.
- Once a project is approved and delivered, further revisions or corrections beyond the agreed scope are subject to additional fees.
10. Limitation of Liability
- To the maximum extent permitted by law, Kolstad Media's total liability for any claim arising out of or related to a project shall not exceed the total amount paid by the client for that specific project.
- Kolstad Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of business opportunities, even if advised of the possibility of such damages.
- Kolstad Media is not responsible for delays or disruptions caused by unforeseen circumstances (e.g., acts of God, illness, travel restrictions, natural disasters, or other events beyond our reasonable control).
- If a project is delayed due to client-side issues, timelines will be adjusted as needed, but no refunds will be issued.
11. Indemnification
- You agree to indemnify, defend, and hold harmless Kolstad Media, its owner, employees, and contractors from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the deliverables in a manner not authorized or intended; (b) your failure to obtain necessary permissions, releases, or consents from individuals appearing in or contributing to the project; (c) your breach of these Terms of Service; or (d) any third-party claims related to your use of the deliverables.
- Kolstad Media will make reasonable efforts to obtain on-camera releases from individuals featured in productions, but it is ultimately the client's responsibility to ensure all necessary permissions are secured for their intended use of the deliverables.
12. Credit & Branding
- If deliverables are posted on client social media or public platforms, a tag, mention, or credit to Kolstad Media is appreciated.
- If clients modify a final project, Kolstad Media must approve the altered version before publication to ensure quality standards are maintained.
13. Confidentiality & Data Privacy
- Kolstad Media will treat all client information, materials, and data as confidential and will not disclose such information to third parties without written consent, except as required by law.
- Client data and project files are stored securely and used solely for the purpose of fulfilling the project.
- For details on how we collect, use, and protect your personal information, please review our Privacy Policy.
14. SMS/Text Message Communications
- By opting in to receive text messages from Kolstad Media, you consent to receive SMS or MMS messages related to your project, scheduling, and service communications. Message frequency varies and you may receive up to 15 messages per month.
- Message and data rates may apply. Your wireless carrier's standard messaging rates apply to all text messages sent and received.
- You may opt out at any time by replying STOP to any message. After opting out, you will receive one final confirmation message and no further messages will be sent unless you re-subscribe.
- For help, reply HELP to any message or contact us at support@kolstadmedia.com or (503) 487-5890.
- Your consent to receive text messages is not a condition of purchase or a requirement to use our services.
- Text messaging opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services.
- Carrier liability disclaimer: Kolstad Media is not responsible for any delays or failures in the delivery of text messages. Wireless carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your wireless carrier and is outside our control.
- Age restriction: You must be at least 18 years of age to opt in to and receive text messages from Kolstad Media. By opting in, you confirm that you are 18 years of age or older.
15. Dispute Resolution, Governing Law & Jurisdiction
- Any disputes arising from this Agreement will first be addressed through good faith negotiation between the parties.
- If unresolved, disputes will be subject to binding arbitration in the State of Oregon, under Oregon law.
- This Agreement is governed by the laws of the State of Oregon, without regard to its conflict of law provisions.
16. Changes to These Terms
Kolstad Media reserves the right to update or modify these Terms of Service at any time. Changes will be posted on this page with an updated effective date. Your continued use of the website or engagement of our services after any changes constitutes your acceptance of the revised terms.
17. Contact Information
For all official communications, please contact Kolstad Media via email at support@kolstadmedia.com.
By using this website or engaging Kolstad Media, you acknowledge that you have read, understood, and agree to these Terms of Service.
