Terms & Conditions of Service
Last modified: April 18th, 2024
By checking out and purchasing products on our Website, you ("Client", "you") agree to be bound by these Terms and Conditions of Service
1. Services
We provide custom photography, videography, and marketing services. Each project may be subject to an initial consultation to determine the specific needs and requirements of the Client.
2. Booking and Cancellation Policy
Booking Confirmation: Your booking is confirmed upon full payment and our written confirmation.
2a. Cancellation by Client: If you need to cancel your booking, please notify us in writing. Cancellations made within 48 hours after booking will receive a full refund of the total booking cost. Cancellations made prior to 48 hours of the shoot date and time will be refunded 75% of the total booking cost. Cancellations made within 48 hours of the shoot date and time will be refunded 50% of the total booking cost.
Rescheduling by Client: In the event of a cancellation by the Company for reasons other than weather or natural causes, Clients may reschedule their booking for any date from the media shoot date within 1 month of the original booking date without penalty, subject to availability. After 1 month, the reschedule will be deemed a cancelation and 50% of the booking will be refunded.
2b. Cancellation by MediaBoost.VI: Media Boost VI, LLC reserves the right to cancel any booking or service for any reason.
Notification: The Client will be notified of the cancellation as soon as possible through the contact information provided at the time of booking.
Reasons for Cancellation: Cancellations by the Company may occur due to unforeseen circumstances, including but not limited to inclement weather, unsafe or prohibited drone operations, equipment failure, illness of the service provider, or other operational challenges.
Inclement Weather or Natural Cause Cancellations: If inclement weather or any other Act of God is the cause of the cancellation, a reschedule timeframe will be provided to the client in writing and the payment will be held as credit for a future date of completion of services. If the client refuses to reschedule a cancelation due to inclement weather or any other natural causes, a refund of 75% of the total booking cost will be provided.
Rescheduling Option by Company: In the event of a cancellation by the Company for reasons other than weather or natural causes, the Company will offer the Client the option to reschedule the service to a new date, subject to availability. The Client is under no obligation to accept this offer and may still opt for a full refund.
Full Refund: In the event of a cancellation by the Company for reasons other than weather or natural causes, the Client will be entitled to a full refund of any payments made towards the booking or service.
No Further Liability: Beyond the refund or rescheduling options, Media Boost VI, LLC will not be liable for any other costs, losses, or damages incurred by the Client as a result of any cancellations defined above.
3. Fees and Payments
The total cost of the service will be agreed upon during the initial consultation and confirmed in writing. Payment in full is required to confirm your booking.
Base Rates: An A La Carte service that has a base rate fee paid at time of booking and a per product price, must be paid in full prior to delivery of chosen and completed media. If the Client denies any purchases of the final products or is unresponsive after the media shoot is successfully completed, the base rate fee will not be refunded under any circumstances.
Travel and lodging costs: If the shoot will take place in St. Thomas or St. John, there will not be any travel or lodging costs.
If the shoot is to be completed in St. Croix or Puerto Rico, there will be travel and lodging expenses in addition to the media shoot rate. They are as follows:
Flight: $200
Car Rental: $100/day
Lodging: $200/night
4. Licensing and Ownership of Media
Ownership: All media produced by Media Boost VI, LLC, including but not limited to photographs and videos, remain the intellectual property of the Company. The Client agrees that the Company may use photographs and videos taken of property for websites, advertising, and social media posting on MediaBoost.VI’s accounts for engagement and advertising purposes.
5. License: The Client is granted a non-exclusive, non-transferable license to use the produced media for their personal or business use, in accordance with the terms agreed upon before the commencement of the services.
Grant of Rights: Subject to the terms and conditions of this Agreement, the Service Provider hereby grants to the Client a non-exclusive, non-transferable, limited right to use the media content (including photographs and videos) produced under this Agreement ("Media") solely for the agreed-upon purposes as outlined in the Service Proposal and this Agreement.
Restrictions on Use:
a. The Client shall not use the Media for any purposes beyond those explicitly agreed upon in this Agreement without prior written consent from the Service Provider.
b. The Media may not be sold, sublicensed, distributed, broadcast, or otherwise transferred to any third parties unless specifically authorized through a separate written agreement with the Service Provider.
c. The Client agrees not to alter, edit, or manipulate the Media in any way that significantly changes its original character without the express written permission of the Service Provider. For any approved modifications, the Client must clearly state that the Media has been modified when it is displayed or distributed.
Intellectual Property: The Service Provider retains all title, ownership, and intellectual property rights in and to the Media. The Client acknowledges that the use of the Media does not constitute a transfer of title or ownership but merely a license under the terms of this Agreement.
Credit and Moral Rights: Where applicable, the Client shall provide a credit line in connection with the use of the Media in a form to be reasonably determined by the Service Provider. The Service Provider also asserts their moral right to be identified as the author of the Media and the Client agrees to make no claim to the contrary.
Archival Rights: The Service Provider may, at their discretion, keep an archival copy of all Media produced. Such archival copies are for preservation and backup purposes only and shall not be made publicly available without the consent of the Client, unless required by law.
Warranties and Representations: The Client warrants that any elements of text, graphics, photos, designs, trademarks, or other artwork provided for inclusion in the Media are either owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any liability or suit arising from the use of such elements.
Termination and Revocation: The Service Provider reserves the right to revoke the license granted hereunder if the Client breaches any of the terms of this Agreement. Upon termination, the Client must immediately cease all use of the Media and delete or return all copies of the Media to the Service Provider.
Indemnification: The Client agrees to indemnify and hold harmless the Service Provider from any and all claims, damages, liabilities, costs, and expenses arising from the Client's use of the Media not expressly permitted by this Agreement.
6. Website Building Services
In addition to our photography and videography services, we offer website building services tailored to your specific needs.
6a. Consultation: Upon purchase of our website building service and submission of onboarding form questionnaire, a consultation will be scheduled to discuss the specifics of your website design. This consultation is crucial to ensure we fully understand your requirements and vision for the website.
6b. Cancellation Policy:
Before Consultation: If you cancel the service in writing before the consultation takes place, you will be entitled to a full refund.
6c. After Consultation, Before Design Commencement: If the consultation has occurred but design work has not started and you choose to cancel for any reason, you will receive a refund minus a $150 fee to cover the consultation time and preparatory work.
6d. After Design Commencement: If the website design has begun and you decide to cancel, a refund will be issued minus a $350 fee to account for the time spent on the project up to that point.
Squarespace Platform: The website will be built on Squarespace. It is the Client's responsibility to subscribe to Squarespace and add mediaboostvi@gmail.com as a Contributor to their account.
6e. Maintenance:
Minor Maintenance: The service includes minor maintenance and updates for 1 year following the launch of the website, at no additional cost.
Major Changes: Major changes to the website, as determined at the discretion of Media Boost VI, LLC, will be charged at an hourly rate of $80.
Post 1-Year Period: After the initial 1 year, any minor maintenance will be charged at the hourly rate of $80.
7. Liability
Media Boost VI, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of our services or products.
8. Indemnification
The Client agrees to indemnify and hold harmless Media Boost VI, LLC, its officers, directors, employees, and agents, from any and all claims, damages, liabilities, costs, and expenses arising from the Client's use of the services and products.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the U.S. Virgin Islands.
10. Changes to Terms
We reserve the right to modify these Terms at any time. Your continued use of the services following any such change constitutes your agreement to be bound by the modified Terms.
11. Contact Us
For any questions or concerns regarding these Terms, please contact us at mediaboostvi@gmail.com
By purchasing products and services from Media Boost VI, LLC (www.mediaboostvi.com), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Thank you and we look forward to providing you with outstanding service!