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 general terms apply to all projects. If an accepted quote, package-specific written offer or project agreement conflicts with them, its specific terms control, including scope, payment timing, commitment, revision allowances, pricing, discounts and guarantees.

A written success plan defines how the fundraising commitment is measured; it does not change the agreed price, purchased scope or covered continued work unless both parties separately agree 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 owned by Kolstad Media or used with the rights of its respective owners 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.

Work covered by the fundraising commitment is separate from paid revision rounds and is provided at no additional charge. Any revision allowance expressly included in your accepted quote or package-specific written offer remains part of your purchased scope.

For questions about a refund, cancellation, or guarantee, see Refunds & Cancellations. Applicable statutory rights are not excluded by these terms.

3. Payment Terms

Unless your accepted quote or project agreement states a different payment arrangement, one-time projects require a 50% deposit to secure scheduling, with the remaining 50% due upon completion. Once scheduling begins, the deposit is non-refundable, subject to an applicable express guarantee or statutory right.
For annual partnerships, recurring services and retainers, payment timing and commitment periods are specified in the accepted quote or agreement. Unless that agreement states otherwise, early cancellation does not remove the payment commitment, and the remaining balance for the agreed term is due. Payment is required to begin work.
Cancellation charges and refunds for one-time projects are addressed in Section 6. Payment and cancellation provisions do not eliminate any express guarantee obligation or applicable statutory right.

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.
Archive availability and retention should be confirmed in your written project agreement. Please maintain your own copies of delivered files.

6. Scheduling, Cancellation & Rescheduling

For a one-time project canceled after scheduling but before production begins, the deposit is non-refundable, subject to an applicable express guarantee or statutory right.
For a one-time project with an agreed 100% upfront payment arrangement, the full agreed project price is retained if the client cancels after production begins. No additional cancellation fee is charged.
For a one-time project with an agreed 50% deposit payment arrangement, cancellation after production begins results in a total charge of 75% of the agreed project price: the 50% deposit plus a cancellation fee equal to 25% of the total project price.
All payments already made are credited against the applicable cancellation charge. Any unpaid portion of that charge is due, and any payment above it is refunded. These single-project rules do not replace separately agreed annual partnership or retainer commitments, express guarantee obligations or applicable statutory rights.
Other cancellation circumstances follow the terms of your accepted quote or project agreement. Contact us to review how those terms apply and calculate any amount due or refundable. This provision does not create an additional cancellation charge or refund exclusion.
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.

A specific additional-service price expressly stated in an accepted quote controls over this general discount. The 15% discount is applied to that price only if the quote expressly says so.

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.
Every Mission Partnership includes the first-campaign fundraising commitment described in our Refunds & Cancellations policy. Kolstad Media honors that commitment and any other express guarantee that applies to your project. Other specific business outcomes are not guaranteed, because results also depend on factors outside our control.
After final approval and delivery, revisions outside your purchased scope are subject to the agreed additional charges, except for work covered by an express guarantee. Package-specific revision allowances remain part of the purchased scope.
The general payment, cancellation, revision and liability provisions do not eliminate our obligation to provide the continued work or other remedy expressly promised by an applicable guarantee.

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 caleb@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

We may update these Terms of Service and will post the updated date on this page. Website updates do not change an existing accepted quote, offer or project agreement or remove rights and guarantees that already apply to a client's project. Changes to an existing agreement require both parties' agreement in writing.

17. Contact Information

For all official communications, please contact Kolstad Media via email at caleb@kolstadmedia.com.

By using this website or engaging Kolstad Media, you acknowledge that you have read, understood, and agree to these Terms of Service.