Kobault Films LLC | General Terms and Conditions of Service
1. Artistic Style, Integrity, & Service Scope

• Artistic Discretion: Digital media and design are subjective arts; Kobault Films (“the Company”) retains final say regarding aesthetic judgment and artistic quality.

• Established Standards: All work is produced in alignment with Kobault’s Established Quality & Style Standards, ensuring technical correctness in exposure, focus, and audio.

• Integrity & Conduct: We conduct business with honesty and accountability. We reserve the right to cease work immediately if our team is subjected to an unsafe, illegal, or hostile environment.

• Scope of Services: Our services include videography, photography, editing, audio, graphic/web design, and live streaming.

2. Technical Limitations & Equipment Failure

• Mechanical Failure: In the unlikely event of mechanical failure of cameras, computers, or specialized gear, the Company’s liability is limited to a return of all payments received for the project.

• Data & Hosting: While we take utmost care in data processing, the Company is not liable for data or website files lost, stolen, or destroyed beyond our reasonable control.

• Prorated Liability: If only a portion of media is lost or destroyed, liability is limited to a prorated amount based on the percentage of total originals captured.

• Web Design Continuity: The Company is not liable for third-party hosting outages, software/plugin updates that break site functionality, or cyber-attacks occurring after project delivery.

3. Capture Guarantees & Errors and Omissions (E&O)

• Unpredictable Nature: Due to the uncontrollable nature of events and people, the Company makes no guarantees regarding the delivery of any specific media.

• Written Requirements: The Company is not responsible for missing specific people, subjects, or shots not provided in a written "Priority List" during the pre-project consultation.

• Errors & Omissions: Once the final product (media or website) is delivered and the review period expires, the Company is not liable for minor errors (e.g., misspellings, incorrect graphics) that were not caught during the Client's review.

• Third-Party Interference: The Company shall not be held liable if event officials, guests, or bystanders obstruct our view, take offense at our presence, or prevent the capture of certain media.

4. Safety, Liability, & Drones

• Safety Protocols: The Company and its contractors prioritize safety. Client is responsible for ensuring a clear, safe workspace for our equipment and crew.

• Third-Party Damage: If a guest or bystander is injured or property is damaged by Company equipment due to circumstances outside of our direct control (e.g., a person walking into a marked restricted zone), the Client shall indemnify the Company.

• Drone Operations: All flights are conducted by FAA Part 107 certified pilots. We reserve the right to grounded flights due to weather, airspace restrictions, or safety concerns without breach of contract.

• Permits: Client is responsible for securing (or funding) any specific location permits required for regulated activities.

5. Financial & Cancellation Policies

• Retainer: A non-refundable retainer of $250.00 is required to reserve your date.

• Payment Terms: Full payment is due 7 calendar days prior to the project date unless otherwise agreed.

• Invoicing Fees: Online payments through our Client Hub incur an additional 5% convenience fee.

• Cancellations: If you cancel within 30 days of the project, all agreed-upon payments are still owed to the Company.

6. Ownership & Usage Rights

• Copyright: The Company retains full ownership of all original media, including raw files and unedited clips.

• Client License: Client is granted a non-exclusive, perpetual license for the purposes specified on the invoice.

• Third-Party Rights: Client warrants they have obtained all necessary rights for any materials they provide to the Company (music, logos, etc.).

• Model Release: Client grants the Company the right to use all captured content for promotion and advertising.

7. Legal Governance

• Governing Law: This agreement is governed by the laws of the Commonwealth of Virginia.

• Finality: This contract is the complete and exclusive statement of mutual understanding between the parties.