By using the True Blue Realty/Burnt Boat Media business profile form, you agree to the following:
01. The Agreement
This agreement constitutes a request for videography as agreed to by Burnt Boat Media (BBM) and the Contracting Party (Client). Requesting a business profile video does not guarantee that the Client shall receive a video. Which businesses shall be awarded a business profile video is at the sole discretion of BBM.
By submitting this request, you provide BBM permission to use photos, graphics, images, and videos acquired via your social media accounts.
You confirm that the photos, graphics, images, and videos post to your social media accounts are your property and you have the authority to provide BBM with permission to use these materials in the business profile video you have requested.
These photos, graphics, images, and videos remain the property of the Client and shall not be used for any purpose other than creation and promotion of the requested business profile.
Any copyrightable works, imagery, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by BBM in connection with the Services shall be the exclusive property of BBM. BBM reserves the right to use all Work Product, reproductions for advertising, display, publication, or other purposes. All photos, samples, video, and proofs remain the exclusive property of BBM unless waived by amendment to this agreement.
Unless otherwise specified, all rights to proofs, final or sample photo prints, rough and completed video footage, audio files, graphics, and motion graphics shall remain the property of BBM and may be used for advertising or any other purpose thought proper by BBM.
The Client is granted a non-exclusive, non-transferable license on the final photos and videos, starting on the date of delivery.
Client affirms that he/she has received consent and permission from the property/business owner to have BBM capture imagery (aka – Work Product) of the subject business.
Client affirms that he/she has received consent and permission from the business owner to permit BBM to use the Work Product for any purpose (excluding defamation and/or pornography), including but not limited to advertising, promotion, or any other use deemed appropriate by BBM.
03. Limitation on Liability
If BBM cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to a photographer’s or a videographer’s illness or injury, BBM will decline to complete the video and the Client(s) but shall have no further liability with respect to this Agreement.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the transit, or otherwise lost or damaged without fault on the part of BBM. Client(s) limit BBM liability to the amount paid under this contract.
04. Additional Agreements
Any verbal agreements are null and void. Any addition to this agreement must be presented in writing by either party and approved by the Client and BBM.
05. Payment for Services
The business profile video is provided free of charge, courtesy of True Blue Realty.
06. Relationship of Parties
It is understood by the parties that BBM is an independent contractor with respect to the Client and property owners and is NOT an employee of the Client or subject business. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any employee benefit, for the benefit of BBM.
07. Physical Media
BBM is unable to provide the Client with physical media (CDs/DVDs/hard drives/etc).
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.