General Terms and Conditions

1.1 These Terms and Conditions ("Terms") govern all video production and marketing services provided by Kirksmith Creative Productions Inc. ("Company," "we," "us") to clients ("Client," "you").

1.2 By signing a service agreement or making payment for services, you accept these Terms in full. These Terms supersede any prior agreements or understandings.

1.3 Service packages, pricing, and deliverables are outlined in your specific Service Agreement, which incorporates these Terms by reference.

2.1 We provide video production, editing, and digital marketing services as specified in your Service Agreement, including regular content packages.

2.2 Service delivery for packages follow production cycles of 6-8 weeks, with specific deliverables outlined in your Service Agreement.

2.3 We reserve the right to subcontract portions of the work (editing, animation, etc.) while maintaining full responsibility for quality and delivery.

2.4 Services do not include: permits beyond standard filming permissions, talent/model fees, location fees, travel beyond 100km, or any items specifically excluded in your package details.

3.1 You agree to:

• Provide timely access to locations, personnel, and materials needed for production
• Review and approve scripts, concepts, and content within 72 hours of delivery
• Ensure all necessary permissions for filming at your locations
• Provide accurate information about your business and services
• Designate a single point of contact for approvals and communication

3.2 Delays caused by your unavailability or failure to provide required materials may result in rescheduling fees or modified deliverables.

4.1 Payment terms are as specified in your Service Agreement.

4.2 All fees are in Canadian dollars and subject to applicable taxes.

4.3 Failure to pay within 30 days of invoice date may result in:

• Suspension of services
• Removal of exclusivity benefits (if applicable)
• Interest charges of 1.5% monthly on overdue amounts
• Legal action to recover amounts owed

5.1 Client Materials: You retain ownership of all materials you provide to us (logos, photos, existing content).

5.2 Final Deliverables: Upon full payment, you own all rights to the final delivered videos and may use them without restriction.

5.3 Raw Materials: We retain ownership of all raw footage, project files, and working materials unless specifically included in your package or purchased separately.

5.4 Retention and Archiving: Raw footage will be retained for 6 months from final delivery. Project files retained for 12 months. Final deliverables provided immediately upon completion. Extended archiving available at $50/month per project.

5.5 Portfolio Rights: We retain the right to use completed work in our portfolio, marketing materials, and social media unless you request confidentiality in writing.

5.6 Music and Stock Assets: All music and stock footage are licensed for your perpetual use in the delivered videos only. Re-editing or using these assets in other projects requires separate licensing.

5.7 Client Materials Warranty: Client warrants that all materials provided to Company are owned by Client or properly licensed, and Client has authority to use such materials. Client agrees to indemnify Company against claims arising from Client-provided materials.

5.8 Deliverable Restrictions: Client may not re-edit, modify, or alter delivered content without Company's prior written consent, as such modifications may violate music licenses or other third-party rights.

6.1 You warrant that all information and claims about your business are accurate and legal.

6.2 We reserve the right to refuse or modify content that:

• Violates Canadian law or advertising standards
• Contains false or misleading claims
• Infringes on third-party rights
• Could damage our professional reputation

6.3 You are responsible for all regulatory compliance related to your industry (real estate regulations, professional standards, etc.).

7.1 We agree to keep confidential all non-public information about your business, strategies, and operations.

7.2 This confidentiality obligation does not apply to:

• Information that becomes publicly available
• Information we independently develop
• Information required to be disclosed by law

8.1 Our total liability for any claim related to our services shall not exceed the amount you paid for services in the three months preceding the claim.

8.2 We are not liable for:

• Indirect, consequential, or punitive damages
• Lost profits or business opportunities
• Results from marketing campaigns or lead generation
• Technical failures of third-party platforms
• Force majeure events

8.3 You agree to indemnify us against any claims arising from your use of the delivered content or violation of these Terms.

9.1 Either party may terminate services with 30 days written notice, subject to minimum commitment periods.

9.2 Upon termination:

• All work in progress will be completed and delivered
• Final invoice will be issued for work completed
• Exclusivity agreements (if any) terminate immediately
• Additional programs continue for 60-day transition period

9.3 We may terminate immediately for:

• Non-payment beyond 30 days
• Breach of these Terms
• Abusive or unprofessional behavior toward our team

10.1 We commit to resolving disputes through good-faith negotiation first.

10.2 If negotiation fails, disputes shall be resolved through mediation in Chilliwack, British Columbia.

10.3 These Terms are governed by the laws of British Columbia, Canada.

11.1 We may modify these Terms with 30 days notice for existing clients.

11.2 Package features and pricing for new clients may change without notice.

11.3 Your existing package terms remain in effect through your commitment period.

12.1 Relationship: We are independent contractors, not employees or partners.

12.2 Entire Agreement: These Terms and your Service Agreement constitute the entire agreement between parties.

12.3 Severability: If any provision is found invalid, the remaining Terms continue in effect.

12.4 Waiver: Failure to enforce any provision does not constitute waiver of that provision.

12.5 Assignment: You may not assign your rights without our written consent.