Terms & Conditions

Summary:

We're thrilled you've asked us to help with your project. It's always a good idea to write down a few simple things, so we both know who's responsible for getting stuff done and what happens when something goes wrong.

Overview

• These Terms and Conditions ("Terms") form a legally binding contract between Cariboo Studios Inc. ("we" or "us") and the people and companies (“Users” or “you” or "Client") that access and use our Website located at cariboostudios.com or any related website, service or platform controlled by us (collectively, the "Website"). 

• These Terms apply to all services provided through our Website and all content and products available at or created through the Website. 

• By accessing or submitting any information or service through the Website, you acknowledge that you have read, understood, and agreed to be bound by our Terms and Conditions. 

• These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website. 

Services available on our Website:

• Without restriction, we generally offer the following services through the Website: 

• We help brands use the power of stories to reach their customers. From the curating of events to photography and film. We are a one-stop shop for all things creative.

• The services we offer are subject to change over time. You can find a complete list of our services here. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. 

What do you agree to do?

• As our customer, you confirm that: you have the power to enter into this agreement on behalf of your company or organisation.

• You agree to provide us with everything we need to complete the project. This may include text, images, sound, photographs, video, trade names, logos, and other intellectual property. 

• You also agree to provide this information when needed, and in the format we ask for.

• You agree that using the Website and services will not infringe or misappropriate any User or third party's confidentiality or intellectual property rights.

• We will endeavour to meet all the deadlines set. We also expect you to keep your end of the deal. You will agree to review our work, provide feedback and sign-off approval in a timely manner and by any dates that we set together. We can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved our work on time.

Payment

• We will only start/release your deliverables once you have paid in full.

• You will receive a full refund if this project is cancelled by us.

• You authorise us to charge your appropriate payment method and to share any information and payment instructions you provide to complete transactions.

• Payment may be made by Master Card, Visa, Electronic Money Transfer or Stripe.

• Payment Processors' terms of service will govern your relationship with the Payment Processors, and we are not a party to your contractual agreement with them.

• We are not responsible for any losses you may suffer if the payment method you use for an order does not have sufficient funds to cover all costs.

• You are responsible for additional charges and taxes to which you may be subject by your credit or debit card provider. We do not accept liability for these.

• Due to the customised nature of our work, Cariboo Studios does not accept returns or offer refunds. So please think about this carefully before you jump in.

• If work has begun on the project and the Client decides to cancel the order before the order has been fully fulfilled, that is, between the award or start date and the final delivery date, the Client will be liable to the Studio for the full payment amount.
  

Delivery

Client acknowledges and agrees that:

• The Final deliverables will be delivered electronically. Cariboo Studios will produce one master copy video file for your use. The video file will be available for download via a one-off link provided by us.

• You are responsible for safely storing the finalised media after we hand them to you. Cariboo Studios cannot be held liable for this material's long-term safe storage and archiving.

• We only store all media for 14 days post-production. After this point, we reserve the right to delete all media, software, raw footage, photos, edited or unedited and finished works. This helps us make space for our next project. 

• You have reviewed our previous work and recognise that the deliverables will be in style consistent with Cariboo Studios' current portfolio.

• You also acknowledge that the work of Cariboo Studios is constantly evolving, and our services are of a unique and artistic nature and may be different from the work delivered in the past. 

• The final deliverables shall not be subject to rejection based on taste or aesthetic criteria. We reserve the right to decide on the final artistic impression, production, judgment, aesthetic, effects and edits to create services consistent with our vision. 

• You are responsible for proofreading all text or captions used. Cariboo Studios is not liable for errors or omissions found after the final approval is made.

Changes and Revisions

• For new websites and videography projects, you are entitled to one round of revision free of charge. This is capped at 2 hours of additional work.

• If you wish to make significant changes or requests that require more than 2 hours of additional work beyond our recommendations or the original brief, please notify us. In that case, you may continue to commission us to make further revisions at our standard hourly rate.

• You agree to review our work, provide feedback, and approve or provide concerns, comments and/or corrections in writing and promptly. 

• The Client will have 5 business days to inspect the deliverables. These changes must be submitted all at once, and by any dates we set together. They must also be deemed reasonable by Cariboo Studios. If the Client does not respond by the date set, such deliverable shall be considered to be automatically accepted by the Client.

• We can't be held responsible for a missed launch date or deadline if you have been late in supplying materials or have not approved our work in a timely manner.

Copyrights and Ownership

• You guarantee to us that any text, imagery, data, logos, photos, music, designs, patents, trademarks, copywriters or other artwork you provide us are owned by you or that you have permission to use them.

• If for any reason the content provided is not your own or causes any legal issues, in that case, you agree to take full responsibility as the content provider. You also agree to indemnify, defend and hold the Studio and its officers, directors, agents, employees, representatives, associates and affiliates and each of them, harmless from and against any and all losses, costs, damage, liability and expense, including reasonable attorneys' fees, arising out of ay claim whatsoever, directly or indirectly, from the use of copyright images supplied to the Studio by Client.

• All original content created, generated or produced by Cariboo Studios, such as photos or videos, preparation materials, sketches and visuals, raw footage, project files, project assets, software, hardware, and editable source files, is owned solely by Cariboo Studios. 

• Providing that all costs, payments and invoices have been paid in full, the final video/website or digital files will become the property of the Client.

• We reserve the right to use the video for promotional purposes as part of our portfolio. This includes but is not limited to online portfolios, online marketing, showreel, social media, website footers, video tail and other platforms. 

• Client grants the Studio an exclusive, worldwide, sublicenseable, transferable, royalty-free license to all media clips produced during the course of the contracted work as it relates to our promotional use.

Termination

• If you want us to cancel or put your project "on hold", we will promptly do so. We know that things happen. 

• If a client deliverable, such as information, materials, feedback, approval, or location access, is more than 5 business days late, the project will be considered “on hold.”

• If you decide to re-activate the project, we'll reschedule based on our next availability or current workload.

• We will close your project if the balance goes unpaid or is on hold for over 14 days. Remember, we only store footage for 14 days post-production. After that point, we reserve the right to delete all raw or edited files and other finished works. 

• Once deleted, we can no longer access project files and media. Cariboo Studios can't be held responsible for any errors or losses that may occur.

• Cariboo Studios reserves the right to withhold all unedited or finished works if you terminate the project or there is a payment issue. We also reserve the right to use all finished or unfinished works, initial proposals, and all designs and concepts for our display, promotional or commercial purposes.

• Cariboo Studios reserves the right to cease filming or editing if situations arise that make it unfit to continue, e.g, lack of access to locations, grounds of safety, mistreatment, offensive or abusive behaviour or unacceptable working conditions. Delays in production resulting from inadequate access, facilities, or conditions do not constitute liability for a refund or compensation.

Legal stuff

• The services provided by Cariboo Studios are sold "as is." 

• If the Client supplies the talent, actors, models or other individuals used in the production. In that case, it is the Client's sole responsibility to provide and obtain release forms from any identifiable participants to ensure protection. Cariboo Studios will not be held responsible for any damages or editing costs incurred.

• This Website and our service may contain linked websites, services, plugins, apps, software, or Third-Party platforms not owned or controlled by us. They include but are not limited to Squarespace, Google, Zoom, Stripe, Flodesk, Mailchimp, GSuite, Apple, YouTube, Instagram, Facebook, and TikTok.

• Any third-party websites or services accessed from this Website are subject to the terms and conditions of those websites, services and/or service providers, and therefore, we cannot guarantee that the functions in any product will always be error-free after the handover of deliverables. You are responsible for determining those terms and conditions and complying with them.

• If something happens because you use our Website or services, we can't be liable to you or any third party. You agree to protect, defend and not blame Cariboo Studios, its employees, officers, directors, affiliates, agents and contractors. This includes any liability, penalty, damages, harm, lost profits and savings, legal fees, complaints, business interruption or other indirect, incidental, consequential or special damages, expenses and costs that may arise.

• If something is out of our control (Force Majeure), we won't be able to do what we promised right away. Force Majeure can include, but is not limited to, natural disasters like floods, fires, or earthquakes. It can also include adverse weather conditions, civil unrest, acts of terror, equipment failure, power outages, unavailability of telecommunications and internet, illness, government actions, death, strikes, or other labour problems. It's not anyone's fault, and neither party will be liable for delays beyond our control.

No smile clause

• For film or photography services, we will gently guide, support, and mentor on-screen talent. Still, we cannot guarantee any particular results as Cariboo Studios cannot be held responsible if any individual is ill-prepared or unsuitable for the camera.

• Unsuitability may include, but is not limited to, not smiling, shyness, crying, non-cooperation or refusing to take a photo.

• The Client will still be responsible for full payment under this agreement.

General Provisions

• We reserve the right to modify or change our Website without notice.

• Any changes will take effect on the day the change is posted on this Website. If you continue using the Website, we assume you have agreed to the updated Terms.

• Like a parking ticket, you cannot transfer this contract to anyone else without our permission.

• Suppose a problem arises between us and a user. In that case, we can have a solution decided privately and fairly by an arbitrator acting as a judge. The arbitrator will listen to both sides and make a fair decision that is legally binding.

• If something in this agreement is not allowed by law, unenforceable, or if it's impossible to make it happen, we will remove that part from the agreement. But the other parts of the agreement will still be valid and will be followed.

• Cariboo Studios Inc. is registered in British Columbia. Accordingly, British Columbia law will apply to all disputes relating to these terms' interpretation.

Questions/Contact

• We provide unlimited support by email. If you have any questions about these terms or would like to receive additional information, provide feedback or raise any concerns, please don't hesitate to contact us at hello@cariboostudios. 

• Studio hours are Monday - Thursday from 9-4 PST (excluding provincial and federal holidays). Our response time is typically 24-48 hours. 

• Cariboo Studios, P.O. Box 111, Lone Butte BC V0K 1X0, Canada