LAST UPDATED: 2020 APRIL 9 1:16 PM PST

 

Commercial Production Department
Terms of Service

PHASES OF PRODUCTION:

The goal of our Commercial Production Department is to tell your story in an impactful and compelling way. We want to leave your audience with a lasting impression that simultaneously intrigues their curiosities. Our phases of production are outlined here:

  • DEVELOPMENT is the research and discovery phase. A non-refundable 50% deposit is required before we begin development. During this time, it is our goal to gain a better understanding of the Client's brand, business, and purpose. We work to identify the Client's motivators, influences, and inspiration along with their marketing goals to develop a proof of concept in the form of a screenplay. The screenplay will include the cast, locations, storyline, and message. The Client is given one complimentary rewrite cycle after the first draft is written. 

  • PRE-PRODUCTION is the planning stage. Once the screenplay has been approved, we do a budgetary audit to ensure production is still within the agreed upon budget. This stage also includes sourcing professional talent as needed, shotlisting (blocking & staging), script breakdown followed by identifying and organizing logistics. Once Pre-Production is complete, we schedule a date for principal photography.

  • PRODUCTION is when the story comes to life. Production is limited to what is outlined within the screenplay. Typically, this is scheduled for a 8 hour business day with a Production crew that includes the Director, Director of Photography, Producer, First Assistant Camera/Production Assistant, the Client, and Cast. A call sheet will be shared that outlines the day-of schedule in full detail for each party involved.

  • POST-PRODUCTION is the last and final phase. This is where the story gets pieced together through trimming and sequencing. An initial draft will be shared with the client for picture-lock approval before we progress into color-correcting, color-grading, and audio mixing. The Client is given one complimentary revision cycle before picture-lock and one complimentary revision cycle after picture-lock. Once a picture-lock is approved, we are unable to modify the trimming and sequencing.

  • DISTRIBUTION is the bonus round. By now, production is complete and you have your deliverables. We are happy to consult on how to best share, utilize, and maximize on your asset. Consultations are subjected to an additional hourly fee.

SERVICE AGREEMENT: 

  • Agreed upon deadlines as it relates to Development, Pre-Production, Production, and Post-Production schedules should be met. Any delays or last minute postponements may result in additional  fees.

  • A canceled 

  • It is the Client’s responsibility to ensure that we have explicit consent to film and/or be present at the specified locations. 

  • The Client shall ensure that there are no hazards to Aerial Canvas or its employees at the site.

  • If there is predictable bad weather, the Client must reschedule with us at least 24 hours before the shoot. Last minute postponements or cancellations are subject to a fee. 

WORK PRODUCT OWNERSHIP:

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Aerial Canvas shall be the exclusive property of Aerial Canvas. Aerial Canvas reserves the right to use video, and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of Aerial Canvas unless waived by amendment to this agreement. Unauthorized use of photographs/video is a copyright violation and will result in the termination of this contract. The Work Product shall be licensed to the Client for professional and personal use so as long as the integrity of the final deliverables are preserved and not modified.

 

PRODUCTION TIMELINE: 

Creating quality content takes time. Once on site, Aerial Canvas will need 1-4 hours depending on the services requested. Delays that may arise could affect or jeopardize the production schedule and turnaround time for delivery.
 

  • 1 business day for photos (next day by noon)

  • 1-2 business days for twilight photos

  • 1-2 days for virtual staging photos

  • 1 business day for 3D virtual tours (Matterport)

  • 2-3 business days for 2D floor plans

  • 1 business day for dedicated property websites

  • 1-2 business day for 30-45 second highlight videos

  • 2-3 business days for 1-2 minute cinematic videos

  • 7-12 business days for creative projects

  • Same-day photo rush delivery ($100). Aerial Canvas may not always be able to provide this service.

  • Next-day video rush delivery ($200). Aerial Canvas may not always be able to provide this service.

TRAVEL COST: 

In the event that travel is needed outside our standard service area, there will be an additional $100 per hour travel fee. This fee covers Aerial Canvas's time and operational cost.

3D MATTERPORT VIRTUAL TOURS:

  • 3D Matterport Virtual Tours include free hosting for 3 months.

  • After 3 months, 3D Matterport Virtual Tours will be archived and the branded and unbranded links will no longer be active. 

  • Extended hosting is available for $60 Annually per Active Scan (12 months of hosting).

VIDEO EDITING & POST-PROCESSING: 

Aerial Canvas property videos typically follow a format of drone footage followed by property walk-through, with royalty free music. If another format is needed, the Client must provide specific requirements or details to Aerial Canvas prior to the start of the shoot.

  • After content is delivered, please let us know within 2 business days if you have any changes (limit one revision) you would like to make.

  • After 2 business days, we will consider the project completed and any changes may be subject to additional fees ($100/hour).

CANCELLATION & POSTPONEMENT POLICY:

Aerial Canvas understands that sometimes schedule adjustments are necessary.  Therefore, we offer some flexibility for the Client to cancel or postpone projects. The Client must notify Aerial Canvas of any necessary changes to the schedule 24 hours in advance.

  • Any appointment canceled or changed without 24-hour notice will result in a $300 fee.

  • Any appointment missed (Once an employee of Aerial Canvas is on site and are unable to shoot the property), there will be a 50% charge of the total invoice and/or no return of the deposit.

  • Any appointment delayed by more than half an hour will be subject to a rescheduling fee ($150-$300). Our team is required to leave at the end of the scheduled shoot if they have another appointment, and we will need to reschedule if the project is incomplete. The agent assumes all responsibility for delays.

  • Reschedules will be subject to availability at standard rates ($150-300).

 

WEATHER POLICY:

There may be events when services cannot be fulfilled due to weather. In those circumstances, the decision about the shooting is up to the Client. If the Client proceeds with production, Aerial Canvas will provide to the best of our ability to complete the shoot. If additional outdoor production is required on another day with better weather, standard rescheduling rates will apply. If there is predictable bad weather, please reschedule with us at least 24 hours before the shoot. Cancellations must be made 24 hours in advance. 

  • Reschedules will be subject to availability.

LIMITED LICENSING RELEASE:

In order to provide the Client with the best service and support at reasonable pricing, Aerial Canvas does not sell exclusive rights to the Work Product, content, or intellectual property produced. Aerial Canvas licenses their use. The fee quoted is dependent on (1) payment of the invoice in full prior to the scheduled production call time, and (2) using the video/photographs only as indicated.

  • Only the Client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing.

  • Builders, Stagers, Designers, or “Third Parties” that wish to use Photographs or Video must contact Aerial Canvas directly for licensing and fees.

  • For image integrity and quality control Aerial Canvas asks that photographs and video not be heavily altered once delivered. Re-sizing is an exception.

  • Photographs and video cannot/will not be made available to another real estate agent or person who takes over an expired or withdrawn listing.

USAGE:

The Work Product provided by Aerial Canvas may be uploaded to any social media or MLS listing services by the Client, solely for the promotion of the listing during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.  

MEDIA RELEASE:

I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of my image and likeness.

 

I am 20 years of age or older and I am competent to contract in my own name. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.

 

PROPERTY OWNER APPROVAL:

The Client may need to obtain a written signed approval from the property owner prior to servicing or producing the Work Product. Aerial Canvas can provide (at request) a written approval form. Aerial Canvas makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Aerial Canvas will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before Aerial Canvas begins filming.   

 

SEVERABILITY: 

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

PAYMENT & LATE FEES:

Payment is due before the project date unless stipulated otherwise for special circumstances. Overdue payments are subject to a $50/month late fee at our discretion. Payments overdue past a month are subject to an additional $50/month or 10%/month late fee at our discretion. Booking a service with us means you agree to and understand the payment schedule on your quote/order and the applicable late fees for non-payment.
 

ACKNOWLEDGEMENT OF UNDERSTANDING: 

I have read the entirety of this Agreement, waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature or decision to proceed with Aerial Canvas servicing or producing the Work Product to be a complete and unconditional release of all liability to the greatest extent allowed by law. 

San Francisco, Los Angeles, San Diego, Sacramento
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