Terms And Conditions
MOVING CAMERA, INC.
TERMS & CONDITIONS
2023
This agreement is made between Moving Camera, Inc. and the company outlined in the attached invoice “Customer” and is effective as of the order confirmation date described. This agreement covers Rental Equipment “Equipment” and Service Labor “Labor” for the Job Order “Job” described on the associated estimate or invoice. This agreement shall be binding under the laws of the Commonwealth of Virginia.
AGENT: Customer may assign an Agent over the age of 18 to act for the Customer to pickup, receive, drop off, setup or operate Equipment. Customer agrees to notify Moving Camera, Inc. in writing/email when assigning an Agent to pickup or receive Equipment. Customer agrees to inform Agent of their responsibilities under this agreement including but not limited to their time availability, receiving instruction, proper Equipment operation and Equipment pickup and/or return time. Use of an Agent does not limit Customer responsibilities under this Agreement in any way.
PAYMENT: Payment shall be made in full immediately upon completion of the job. Any other terms require prior written consent from Moving Camera, Inc. and will be reflected on any estimates and invoices. Other payment methods and terms are subject to Moving Camera, Inc. approval. Customer agrees to a $35 service charge for a returned check. Outstanding balances at Job End Date will be charged to Customer credit card on file. Outstanding balances may arise from these or other events: extended rental time, damaged Equipment, missing items, Labor overtime or additional Equipment added to Job after Start Date. Customer agrees to pay any and all court costs, attorney fees, and any other collection costs related to returned checks or unpaid balances.
PAYMENT TERMS: All balances are due at the completion of the job. At any time in the estimate process, Customer may request NET30 payment terms with no penalty. At the discretion of Moving Camera, Inc., Customers may request NET45 payment terms with a 7.5% surcharge or NET60 with a 15% surcharge during the estimate process. No Payment terms past NET60 will be assessed. Once Moving Camera, Inc. sends a final invoice, any requested changes to payment terms will result in a 5% Fee in addition to the surcharges above. Payment terms begin once Moving Camera, Inc. sends the final invoice or work is completed, whichever is sooner, with no delays accepted due to internal finance systems, accounts payable departments, or other customer side processing.
LATE FEES: Should payment be received by Moving Camera, Inc. after the agreed upon due date, an overdue payment fee will be charged to the customer at the rate of 10% per week compounding. Payments past 61 days from project completion will be turned over to collections. Any costs or legal fees associated with collecting payment shall be passed onto the customer. Additionally, any and all discounts may be revoked and credit may be pulled if payment is overdue any amount of time.
PRICING AND DISCOUNTS: Some package pricing may not apply if the overall scope of the quote is reduced or changed significantly. Equipment rates are based upon availability of equipment listed at the time this estimate was prepared. Reasonable substitutions of like or better equipment may be made at the discretion of Moving Camera, Inc.. All expendables will be charged as they are utilized. Discounted items indicated are only subject to discount on a first come, first served basis. Early acceptance of this quote will help to ensure that discounts may be extended on the items indicated, if any. Equipment added later may not be eligible for any discount. The discounts extended to the Customer have been based on the equipment and/or labor volumes reflected in this quote. Should there be a substantial reduction in the actual amount of equipment and/or labor used for this Job, Moving Camera, Inc. reserves the right to reduce your discount proportionally.
RATES SUBJECT TO CHANGE: Equipment and labor rates may be subject to change without notice on subsequent quotes, or if acceptance of this quote is received after the expiration date on the quote has passed. Should the requirements or dates for this Job change, or if the dates are listed as TBD, we reserve the right to revise this quote accordingly, once the dates and/or requirements have been finalized.
COPYRIGHT: Moving Camera Inc, agrees to transfer copyright ownership of completed works to the Customer once final payment has been received and processed. Between completion of the project and receipt of payment, Moving Camera Inc grants Customer a revokable license to use the completed works. Moving Camera Inc retains rights to all raw footage, templates, project files, and other other content other than the final deliverable and will maintain usage of all content for promotional use.
NDA AGREEMENTS: Moving Camera Inc, is willing to sign nondisclosure agreements provided the NDA does not restrict Moving Camera Inc from disclosing the name of the end client 6 months after production has concluded for promotional purposes.
CANCELLATIONS: If not otherwise specified, jobs or orders cancelled within 24 hours of labor start time will be charged 100% rate including any quoted overtime. Jobs or Orders cancelled within 48 hours of labor start time will be charged 50% rate including any quoted overtime. Jobs or orders cancelled due to acts of god may be rescheduled once, but may not be rescheduled further and will be charged 100% rate regardless of when cancelled. For rental only jobs with shipping. Jobs may be cancelled up to 24 hours of shipment or pickup time with no penalty, minus any shipping charges already paid by Moving Camera, Inc.. Orders canceled within 24 hours of shipment pickup time are subject to be charged at 100% rate including any shipping charges paid by Moving Camera, Inc.
REFUNDS: Refunds are limited to 50% the value of the original quoted amount. Customer discharges Moving Camera, Inc. from liability or damages in excess of the quoted amount in the event of Equipment failure or unavailability. Customer is responsible for immediately notifying Moving Camera, Inc. Technical Support at 703-599-7099 of any Equipment malfunction or related operational problems in order for any price adjustment to be considered. Moving Camera, Inc. will make every effort to immediately replace Equipment that is malfunctioning.
DELIVERY, SETUP, OPERATION AND PICKUP BY MOVING CAMERA, INC.: If applicable, Customer agrees to be available during the Delivery/Setup and Pickup Time window described on Job. Redelivery or repickup due to Customer not being present for delivery or pickup is subject to additional delivery charges. Customer is responsible for Moving Camera, Inc.’ safe and open access to the Job location for delivery, setup, operation and breakdown tasks.
SHIPPING: Customer agrees to pay all shipping and handling cost to and from job location. Customer may provide their Fedex, UPS, or USPS Shipping account number to Moving Camera, Inc. to handle shipping charges on their own. All other shipping charges will be passed through directly at the rate Moving Camera, Inc. is charged. Customer is responsible for returning shipped items within 3 days of the job ending. Shipments returned late will be charged at full day rate with no discounts applied.
INSURANCE: Customer agrees to provide Moving Camera, Inc. with a Certificate of Insurance prior to the Start Date of the Job. Customer agrees to maintain sufficient insurance throughout the job to replace any and all rented equipment as well as protect any Moving Camera, Inc. employees, officers, and contractors. If you have not already provided a Certificate of Insurance, please contact Moving Camera, Inc. for the proper wording and coverage requirements. Failure to provide a Certificate of Insurance prior to the Start Date of the Job may result in the cancellation of all rentals at Moving Camera, Inc. discretion. An additional waiver must be signed and a 20% fee will be assessed if no Certificate of Insurance is provided before the job start date or shipping date.
DISCRIMINATION AND HARASSMENT: Customer agrees that every individual has the right to dignity, respect, and the right to be treated fairly and is committed to ensuring a work environment that is free of discrimination and harassment. Discrimination and harassment in the workplace by any Party of this agreement will not be tolerated. Harassment is broadly defined as any unsolicited, unwelcome, disrespectful or offensive behavior. Discrimination is defined as: Race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity, marital status, family status, disability and conviction for which a pardon has been granted. Harassment may be related to any of the discriminatory grounds described above. Harassment is defined as one, or a series of, hostile, offensive or inappropriate comments or conduct which is known to be unwelcome or which a reasonable person would know to be unwelcome without it being explicitly stated, and is based on one of the prohibited grounds. Moving Camera Inc retains the right to cancel any agreement at any time, without penalty, should any violation of this clause occur.
HATE SPEECH: Moving Camera, Inc. Has a zero tolerance policy on hate speech, and will immediately and without warning cease all aspects of the production should hate speech or harassment occur. If it is determined that the purpose of the production was to spread hate speech, Moving Camera, Inc. will delete all copies of any audio or video recordings, unless it is necessary to turn such recording over to law enforcement or legal representatives. Hate speech is defined as speech which is abusive or threatening that expresses prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds.
EQUIPMENT OPERATION BY CUSTOMER: Customer agrees to be available to receive operational instructions from Moving Camera, Inc. at time of pickup or delivery and to take possession of Equipment only upon full understanding of Equipment operation. Customer agrees to inform Moving Camera, Inc. when using Equipment outdoors and follow any specific instructions regarding outdoor use. Customer agrees to notify Moving Camera, Inc. when taking equipment outside of the Washington DC Metro Area. Customer agrees not to expose Equipment to harsh conditions including but not limited to: dust, sand, moisture, smoke, liquids, extended direct sunlight or heat sources. Customer agrees to use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage. Labor fees for dispatching a technical support rep may apply if Equipment is found to be reconfigured after it left Moving Camera, Inc.’ possession or Customer did not make best efforts to follow steps outlined on provided documentation and/or instructions provided during the technical support telephone call. Cleaning fees and or damage charge may be incurred if evidence of exposure to harsh conditions exists upon Equipment return.
DATA LOSS: Moving Camera, Inc. shall be held harmless in all accounts of data loss due to customer misuse of equipment or failures of customer provided equipment. In the event Moving Camera, Inc. is found to be at fault, Moving Camera, Inc. will make attempts to recover lost data at their discretion. Should data be unrecoverable, Moving Camera, Inc. shall not incur any fees or penalties and discounts or refunds will be given at Moving Camera, Inc.’s discretion.
LABOR CHARGES: Labor charges on the Job, if applicable, are estimates based on Moving Camera, Inc.’s understanding of the event and Job requirements. Labor charges are subject to modification if the Job requirements deviate from the original agreement. Overtime rates begin precisely 10 hours after call time and are billed in 30 minute increments. The clock shall remain running for any meals, breaks, or travel time in production. 1.50x time from hours 11-12, 2.00x time from hours 13-18. After 18 hours, all crew members and production staff must be wrapped. For multi day shoots, the 6th day and beyond will be in “golden time” with the base rate beginning at 1.5x, hours 11-12 at 2x, and hours 13-18 at 3x.
MEALS: A hot meal & 1 hour meal break must be provided by or before 6 hours past call time. If working longer than 12 hours a second meal & meal break must be provided by or before 6 hours from the end of the first meal break. If production / client fails to provide a meal & meal break by or before the 6 hour mark, production will be subject to meal penalties at two times the hourly rate billable in 15 minute increments beyond 6 hours until a meal & meal break is provided. All meals breaks are considered ‘on the clock’, and are therefore considered billable time.
TURN AROUND TIME: Should there be less than 10 hours between the wrap time and call time of a multi day production, time shall be billed straight through with no breaks and at standard overtime rates until such time there is a break in production of at least 10 hours. Should a hotel be provided, turn around time is reduced to 8 hours between wrap and call times.
HOTEL ACCOMMODATIONS: If applicable and not otherwise specified, Customer shall provide and pay for hotel rooms on premises (or as close as possible) for each crew member from Moving Camera, Inc. starting one day prior to the Start Date through the duration of the Job and ending one day after the End Date. Please be aware that for liability reasons, Moving Camera, Inc. crew members do not share rooms.
INCIDENTALS: Customer agrees to pay all Incidental fees and charges associated with the job. This includes, but it not limited to: Parking, tolls, meals, travel, mileage, airline fees, baggage fees, shipping fees, taxis, and rideshare.
USAGE PERIOD: Usage Period extends from the Customer Pickup or Delivery/Setup date and time to the Customer Return or Available Pickup date and time. Late returns are subject to additional charges at Moving Camera, Inc.’s daily Equipment rental rate.
DAMAGED EQUIPMENT: Customer is responsible for all damage to Equipment from any cause whatsoever incurred while in possession of Equipment. Moving Camera, Inc. will inspect all Equipment returned from Customer and will notify Customer of any charges within 24 hours of Job End. Moving Camera, Inc. Technicians onsite during Job does not release Customer from damaged Equipment liability. Customer is responsible for the equipment damages caused by any persons at Job.
CUSTOMER INDEMNIFICATION: Customer agrees to indemnify and hold harmless Moving Camera, Inc. for damages and liability to rented items, persons and property resulting from the use or misuse of the rented items. Customer assumes all risk of any and all injuries or any kind including wrongful death resulting from use or misuse of rented items. Customer agrees to hold Moving Camera, Inc. its officers, employees, and contractors free and harmless from and to indemnify and defend Moving Camera, Inc. against any and all suits, actions, proceedings, claims, judgments, demands, costs and charges for legal expenses and penalties resulting from injury or damage to any and all persons and property arising out of or in connection with the rented items herein. All equipment is accepted by customer “As Is”. No warranties or representations are made by Moving Camera, Inc. of any type or nature whatsoever, expressed or implied, regarding the performance of cameras, services, supplies, software, or other equipment rented. Moving Camera, Inc. herein expressly excludes any and all warranties, guarantees, expressed or implied, statutory, by operation of law, or otherwise, including any implied warranties of merchantability or fitness for a particular purpose, in no event, under no circumstances, shall Moving Camera, Inc. be responsible or liable to customer or anyone else for any damages, including lost profits, lost savings or other direct or indirect incidental or consequential damages arising out of the use or inability to use any equipment rented or the alleged breach of any agreement described herein, even in the event that Moving Camera, Inc. has been advised of the possibility of such damages.
ASSIGNMENT: Customer responsibility under this agreement remains with the Customer in the event of subleases, subrentals, or assignments of the Equipment to any other party. By providing payment and taking possession of rented equipment, you agree with the above Moving Camera, Inc. terms and conditions.