These Terms of Service (“Agreement”) apply to all services provided by Kolstad Media, including but not limited to film production, photography, and website design/development. By 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 submitting payment or engaging Kolstad Media for any service, you acknowledge and agree to these Terms of Service.
1. 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.
2. 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.
3. 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.
4. 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.
- For website projects, source files and administrative access are provided as agreed in the project scope.
- All projects are archived indefinitely; Kolstad Media does not delete client footage or files.
5. 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.
6. Priority Scheduling (Recurring/Retainer Clients)
Partners with recurring agreements receive first priority for scheduling.
7. 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.
8. Liability & Force Majeure
- Kolstad Media is not responsible for delays or disruptions caused by unforeseen circumstances (e.g., acts of God, illness, travel restrictions).
- If a project is delayed due to client-side issues, timelines will be adjusted as needed, but no refunds will be issued.
9. 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.
10. 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.
11. 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.
12. Contact Information
For all official communications, please contact Kolstad Media via email at support@kolstadmedia.com.
By engaging Kolstad Media, you acknowledge that you have read, understood, and agree to these Terms of Service. These terms may be updated periodically; the latest version will always be available upon request or at the link provided in your quote or invoice.