TERMS OF SERVICE

By hiring VideoFresh, Client agrees to the following Terms of Service:

Payment

VideoFresh bills up-front for all projects. VideoFresh must receive the first project payment in full before any work will commence. VideoFresh accepts all major forms of payment including check, ACH, wire transfer, and credit card. Clients will be charged a 3% processing fee when paying via credit card. Clients are responsible to pay any additional fees associated with the payment method of their choice.

VideoFresh Subscriptions are “retainers”. Project charges will be applied against the retainer until expended. If the retainer is expended, projects will not continue until the Client deposits additional funds with VideoFresh. Retainers and additional funds are considered fully earned and non-refundable. Unused funds may be utilized for a maximum of 30 days past the due date of the final subscription payment. It is incumbent upon the Client to utilize their funds by commissioning projects.

Rates

A Standard VideoFresh Filming Day includes a maximum of 4 hours of consulting and pre-production, a maximum of 8 hours of production (including equipment setup and teardown), and a maximum of 16 hours of post-production and final delivery. Hours begin at pre-agreed meeting time. Additional work will be charged in accordance to VideoFresh’s Add-Ons pricing sheet. 

Estimates

The size and scope of each video project will be agreed upon during the preproduction phase of each project, and VideoFresh will provide an estimate to the Client for any additional expected fees should the project fall beyond VideoFresh’s Standard Filming Day fee. The Client must approve the estimate and VideoFresh must receive Payment 1 before VideoFresh will confirm production dates or begin securing project resources.

Standard Filming Days

VideoFresh’s Standard Filming Days are designed to include all standard services in the video production process. This includes up-to the following, as called for by the needs of the project:

PRE PRODUCTION

  • Content Strategy

  • Creative Scripting

  • Personnel Scheduling

  • Equipment Preparation

PRODUCTION EQUIPMENT

  • Up-To Three (3) Cinema Camera Bodies

  • Art Lenses

  • Premium Lighting

  • Entry Level Audio Equipment

PERSONNEL

  • Producer

  • Director

  • Cinematographer

  • Gaffer/Audio Swing

  • Post Production Supervisor

  • Video Editor

POST PRODUCTION

  • Data Management

  • Editing

  • Color Correction (basic)

  • Audio Mixing (basic)

  • Basic Text Cards (Up-to 10 per Standard Filming Day)

  • Music Licensing (from VideoFresh’s preferred licensing sources)

  • Stock Footage (from VideoFresh’s preferred licensing sources)

  • 2 Rounds of Change Orders

  • Primary Deliverable Format


Standard Client Touch Point Calls

Every VideoFresh project includes the following touch points within the flat-rate filming day price, as needed:

  • One (1) “20-minute Mastermind” call: Up-to 1 hour in length

  • One (1) “Script Review” call, up-to 30 minutes in length

  • One (1) “Final Pre-Production” call, up to 30 minutes in length

  • One (1) “Edit Review” call, up-to 30 minutes in length

All touch point calls will be taken with your project’s Producer, unless at the discretion of the Producer.

Additional touch point calls outside of VideoFresh’s Standard Client Touch Point Calls are available at a fee of $75/hr.

Add-Ons

The base price of a VideoFresh filming day includes the essential ingredients that all video production projects need. VideoFresh also offers additional services that may be added to your VideoFresh projects, available for an “Add-on” cost. VideoFresh add-on services and criteria are as follows (but are not limited to):


  • Expedited Pre-Production (production scheduled less than 21 days from receiving first project payment)

  • Expedited Post-Production (receiving final video less than 21 days from filming day)

  • Additional Filming Day Hours

    • Additional production hours may be recommended to reduce the amount of filming days needed to capture the footage that is needed for your video project

    • Additional production hours may be required to accomplish the needs of the project in the amount of filming days requested by the client

    • One additional production hour is required for all shoots on-location, except at the discretion of the project’s Producer

    • Two additional production hours are required for projects where VideoFresh is executing a pre-written script, treatment or concept provided by the client, except at the discretion of the project’s Producer

  • Storyboarding

    • Storyboards are required when a project involves custom animation, visual effects, or detailed visual compositing.

  • Transportation Costs (mileage + commute time)

  • Parking Costs

  • Equipment Rentals

    • VideoFresh owns all equipment needed for almost all projects we creatively pitch. Additional or specialized equipment may be rented to meet the specific needs of your project.

  • Location Rentals

  • Talent Casting & Day Rates

  • Studio Teacher for Child Actors

  • Additional Meals

  • Production Design & Props

    • Required whenever your video includes specific props or décor

  • Food Production Design & Props

    • Recommended whenever dishes of food will be seen in your video

    • Required whenever dishes of food will a main focus of your video

  • Wardrobe Specialist

    • Recommended when your filming day involves talent for a polished commercial-style project

    • Required  when your video calls for specific articles of clothing

  • Assistant Director

    • An Assistant Director is required whenever a filming day has an exceptionally tight production schedule.

  • 1st Assistant Camera

    • Required  whenever a filming day involves three or more cameras

    • Required  whenever a filming day involves live focus-pulling

    • Required  whenever a filming day involves multiple camera setups

    • Required  whenever a filming day involves a Steadicam

  • Additional Camera Operator

    • An additional Camera Operator is required  whenever a filming day involves two or more cameras

    • An additional Camera Operator is required  whenever a filming day involves a camera dolly

  • Audio Engineer

    • Recommended for maximum audio quality

    • Recommended for high-stakes video content

    • Required whenever a filming day involves multiple audio setups

    • Required whenever a filming day involves multiple simultaneous speakers

    • Required whenever a filming day involves long-form A-roll

    • Required whenever a filming day requires a lavalier microphone

Required whenever a filming day requires a lavalier microphone

  • Hair & Makeup

    • Recommended whenever your filming day involves extensive interviewing

    • Recommended whenever your filming day involves hired talent

    • Highly recommended whenever your project is in a polished, commercial style

  • Production Assistant

    • A Production Assistant is required whenever filming on location

    • A Production Assistant is required whenever a project involves Production Design

  • Set Coordinator

    • A Set Coordinator is required whenever your filming day is on location (outside of VideoFresh studios)

    • A Set Coordinator is required whenever your filming day involves hired talent

  • Grip

    • A Grip is required whenever your filming day has multiple lighting setups

    • A Grip is required whenever your filming day involves large lighting setups

    • A Grip is required whenever your filming day involves a rushed production schedule

    • Two Grips are required whenever your filming day involves multiple lighting setups on a rushed production schedule

  • Steadicam Operator

  • Additional Editing Change Orders

  • Additional Video Edits

  • Additional Video Lengths

  • Raw Footage Transfer

  • Altered Versions of Videos

  • File Conversions

  • Visual Effects Touch-Ups

  • Blurring Screen/Logos/Faces

  • Premium Motion Graphics

  • Custom Animation

  • Professional Voice Over

  • Captions & Subtitles

  • Foreign Language Translation

Client must pay Standard Estimated Add-on costs for services (such as location rentals, talent booking, equipment rentals) before VideoFresh will begin securing those services for the project. VideoFresh will either bill or reimburse the difference of the estimated and actual costs once actual costs are incurred.

VideoFresh charges a standard contingency fee 10% of the project total (Filming Day Fee + Add-ons), or $1000, whichever is higher, payable along with the first payment of your project. This contingency exists to cover unforeseen expenses that arise to best meet the needs of your project. Unused funds will be returned upon project completion.

Logistics

Client agrees to limit production to one address location per Filming Day, unless allowed under the discretion of VideoFresh. Client defers completely to VideoFresh’s discretion to approve all Production schedules required to produce the agreed upon deliverables.

Parking

In the event that VideoFresh personnel travel to a location provided by the Client, the Client is responsible to provide legal and dedicated parking spots for VideoFresh personnel in close proximity to any filming sites. Parking logistics must be communicated with the VideoFresh project Producer at least 48 hours before arrival. In the event that VideoFresh receives parking citations, towing fees or any other expenses due to parking in spots designated by the Client, these costs will be billed to the Client following the filming day.

Fulfillment Schedule

VideoFresh video production subscriptions and retainers are based on the number of Standard Filming Days per period of time (often 12 months). While there is flexibility in how many productions (or equivalent projects) are commissioned each month by the client against their retainer, clients may be billed for future months in advance if the number of filming days scheduled in a given month equals or exceeds twice the monthly average of retained filming days. Subsequently, this will move the subscription end-date one month earlier for each future monthly installment paid in advance.

(For example, if a client has retained 24 filming days in one year, the monthly average is 2 filming days per month. If a client commissions 4 or more productions in a month, client may be billed an upcoming installment in advance. This ensures VideoFresh is able to meet the costs of production and ensure that productions are executed on schedule at the highest level of quality.)

Communication

Client must designate a singular point of contact through whom all communication must pass. This point of contact should be an internal marketing decision maker on behalf of the brand.

VideoFresh does not work through marketing agencies on behalf of third party brand clients.

A secondary point of contact may be designated should the primary be unavailable. VideoFresh must be advised immediately of any changes to the primary point of contact. VideoFresh is not responsible for any errors in communication caused by the Client's failure to notify VideoFresh of a change in contact, or internal miscommunications on the part of the Client.

All phone calls, video calls, and in person meetings must be scheduled and approved ahead of time. VideoFresh personnel are not available for unscheduled calls and meetings.

VideoFresh is only available for scheduled calls and meetings, as well as project work, between the hours of 9am and 5pm, Monday through Friday, Pacific Time.

Email communication and phone calls under fifteen minutes between Client and VideoFresh to discuss projects will not count against any project hours. 

Cancellations and Postponement

At VideoFresh, we understand that plans change that require our Clients to reschedule their filming days with us. Because our productions require us to secure the availability of crew, equipment and other resources ahead of time, cancellations & rescheduling of shoots are very costly on our end. As such, our standard cancellation policy is as follows:

Client will be charged the following fees :

  • If production is canceled or rescheduled within 14 days of the start of production - 10% of VideoFresh’s fees + 100% of any add-on costs incurred

  • If production is canceled or rescheduled within 7 days of the start of production - 25% of VideoFresh’s fees + 100% of any add-on costs incurred

  • If production is canceled or rescheduled within 48 hours of the start of production - 50% of VideoFresh’s fees + 100% of any add-on costs incurred

Additionally, Client will be charged for any expenses that VideoFresh has already paid associated with the filming day.

A project is officially “scheduled“, “canceled” or “rescheduled” once the request has been made by the Client via email, text, phone or in person.

VideoFresh will make every Client aware of these terms via email. By retaining VideoFresh for production work, Clients are agreeing to the above cancellation terms. In the event of these terms being updated, an updated cancellation document will be shared via email. Retainers are considered fully earned and non-refundable. 


Change Orders

Every VideoFresh project includes two (2) complete rounds of editing change orders. VideoFresh guarantees to make these changes to your satisfaction. Client understands that the following change requests may be subject to additional charges:

  • Change requests that increase the project scope beyond the details articulated in the project script/treatment

  • Changes requested after the initial two rounds of changes have been addressed by VideoFresh

  • Changes that require additional footage to be captured or acquired

Client must submit their first round of changes within 2 weeks of receiving their video review link. If Client does not submit notes within two weeks, VideoFresh will assume the video delivered is fully approved by Client. Additional rounds of changes will then be available to Client at VideoFresh’s standard add-on fee.

Client Responsibilities

Client understands that VideoFresh and its staff are not employees, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from VideoFresh in a timely manner. Client understands that VideoFresh is a business with other clients to serve, and requires fair, realistic notice in order to attend to Client’s needs. 

In order for a VideoFresh Production Date to be confirmed, all Pre-Production Tasks related to said Production Date (assigned to Client by VideoFresh) must be completed and approved by Client. Pre-Production Tasks may include: 

  • Preliminary Creative Call 

  • Review/Approval of Project Master Documents via Review Links

  • Confirming logistical details 

  • Additional tasks critical to the Production 

Client agrees to follow all instructions given by VideoFresh staff, and to adhere to the VideoFresh Production workflow.

Production Dates must be scheduled with VideoFresh no sooner than 7 days in advance. 

First delivery of video edits will be delivered to VideoFresh 3 weeks from respective Production Date, unless otherwise agreed to at the discretion of the VideoFresh project Producer.

Return of Records

Upon termination of this Agreement, VideoFresh shall deliver all records, notes, and data of any nature that are in VideoFresh’s possession or under VideoFresh’s control and that are Client’s property or relate to Client’s business. 


Severability

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. 


Waiver of Contractual Right

The failure of either party to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Use and Copyright

Client is entitled to unlimited use, may retain a copy of, and otherwise distribute all videos produced by VideoFresh for Client under this agreement for eternity. VideoFresh shall own the copyrights for every video produced by them for the Client. Further, Client owns the rights for unlimited use, storage, and distribution for all videos for any purpose for eternity.

Applicable Law

This Agreement shall be governed by the laws of the State of California.