ORDERS SUBJECT TO APPROVAL.
A Request for Service via our Online Ordering System, Brochures, or Promotional Offers are not automatically approved, and IS NOT A GUARANTEE of price or availability. All Requests for Service (i.e., online orders) must be manually reviewed, and may only be accepted by our personnel. Once a Request for Service has been approved, we will issue an invoice accordingly, and accept your order ONLY upon 50% of the full quoted amount.
We reserve the right to deny any "Request for Service" made through our Online Ordering System, Brochure, or Promotional Offers for any reason. Due to market conditions, namely supply and demand constraints on the availability of our service, we may waitlist your order according to our official waitlist policy.
DrakeWise Productions, LLC provide pricing estimates for the convenience of their customers. However, due to the complexity of video production, pricing estimates provided may not reflect the appropriate or relevant pricing for your specific project. Therefore, you acknowledge, that based on any number of variables, that pricing listed on our website, brochures, promotions, or past quotes are, at best, approximations — and that ESTIMATE PRICING SHOULD BE NOT BE CONSIDERED A QUOTE, OR A GUARANTEE.
PRICING ERRORS. COMPUTING ERRORS.
While DrakeWise Productions, LLC strives to offer accurate pricing, you acknowledge that both computer and human errors occur in computation, and static display of pricing. WE RESERVE THE RIGHT TO REJECT ANY REQUESTS DUE TO PRICING ERRORS. Only a real person, representing DrakeWise Productions, LLC, can offer binding quotes and estimates.
DrakeWise Productions, LLC are Delaware, Virginia, and Colorado based video production companies. Generally, we accept orders anywhere in the United States and abroad. However, we reserve the right to reject any order for a geographic area that would be too cumbersome, difficult, unsafe or unprofitable to serve.
Availability is on a "first come, first served" basis, and should never be assumed otherwise. No reservations or promises are made unless an order (invoice) has been paid in full. Due to market conditions, namely supply and demand constraints on the availability of our service, we may be constrained to waitlist orders.
NON PAYMENT. PARTIAL PAYMENT.
For a service order to be accepted, i.e., "Reserved", by our system, 50% of the service must be made upfront.
Orders not paid 100% in full prior to production service will not be fulfilled, but may still be subject to payment outlined by our cancellation policy.
Orders over $5,000.00 USD may qualify for special payment terms. These terms must be approved by an authorized DrakeWise Productions, LLC representative.
A 50%/ 50% split payment plan is available upon request for orders exceeding $1,800.00 USD in value, except where special payment terms have been made available to you by an authorized DrakeWise Productions, LLC representative.
Services may be broken down into three categories for purposes of reservations, payment, and payment plans: Pre-Production, Production, and Post-Production. These terms must be approved by an authorized DrakeWise Productions, LLC representative.
CANCELLATION & REFUND POLICY:
EVENT PRODUCTION SERVICES INCLUDING BUT NOT LIMITED TO EVENTS, WEDDINGS, CONCERTS, STUDIO FILMING/RECORDING, ETC.:
(a) Should it become necessary for Client to terminate this Agreement, and the service date is greater than ninety (90) days, DrakeWise Productions, LLC shall be entitled to retain any and all expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(b) If Agreement is terminated within ninety (90) days of the event, DrakeWise Productions, LLC shall be entitled to retain twenty-five percent (25%) of deposit in addition to additional expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(c) If Agreement is terminated within thirty (30) days of the event DrakeWise Productions, LLC shall be entitled to retain any deposit paid and seek any additional losses including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(d) If an Agreement is drawn within seven (7) days of the event, Client agrees to pay full (100%) event costs per bid.
Should the event be cancelled by DrakeWise Productions, LLC, DrakeWise Productions, LLC will fully refund any deposit within fifteen (15) days of the date of cancellation. If event is within thirty (30) days, DrakeWise Productions, LLC will reimburse or pay to Client the invoiced difference in costs and expenses that have been incurred by the Client paid to an alternative provider or providers based upon the total proposal bid. Client shall make reasonable efforts to mitigate damages and obtain substantially similar services. DrakeWise Productions, LLC responsibility is limited to items covered in the last accepted proposal by Client. Any additional items are at Client’s expense.
VIDEO PRODUCTION FOR COMMERCIAL USE INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, DOCUMENTARIES, ETC. WHERE PRODUCTION MAY INCLUDE PRE-PRODUCTION AND/OR POST PRODUCTION SERVICES:
(a) Should it become necessary for Client to terminate this Agreement, and the event date is greater than ninety (90) days, DrakeWise Production, LLC shall be entitled to retain any and all expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(b) If Agreement is terminated within ninety (90) days of the event, DrakeWise Production, LLC shall be entitled to retain twenty-five percent (25%) of deposit in addition to any additional expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(c) If Agreement is terminated within thirty (30) days of the event DrakeWise Production, LLC shall be entitled to retain any deposit paid and seek any additional losses including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(d) If an Agreement is drawn within seven (7) days of the event, Client agrees to pay full (100%) event costs per bid
Should the event be cancelled by DrakeWise Production, LLC, DrakeWise Production, LLC will fully refund any deposit within fifteen (15) days of the date of cancellation. If event is within thirty (30) days, DrakeWise Production, LLC will reimburse or pay to Client the invoiced difference in costs and expenses that have been incurred by the Client paid to an alternative provider or providers based upon the total proposal bid. Client shall make reasonable efforts to mitigate damages and obtain substantially similar services. DrakeWise Production, LLC responsibility is limited to items covered in the last accepted proposal by Client. Any additional items are at Client’s expense.
It is our goal to offer the highest quality in Video Production Services to our clients. Your assistance is very much appreciated by giving us as much notice as possible for all your production and event needs. We also realize changes and cancellations are unavoidable, yet they are costly to our operation. We ask that all Production Services be placed fourteen (14) days or more in advance. Video Services placed within that time may have a 10% service charge added. We will also not accept cancellations after 12:00 pm for Video Production Services the following day. The policies for major contract events will be governed by the contract agreement.
All schedule changes, however small, are subject to a $59.00 schedule change fee. Please know, that schedule changes may be incompatible with our availability — in which case our normal cancellation policy applies.
Some schedule changes may affect various reservations including but not limited to crew, equipment, studio, etc. In such cases, normal cancellation policy applies, and additional reservation and order charges will be applied.
ACTS OF GOD
DrakeWise Production, LLC may terminate this Agreement and suspend fulfillment of all Services, in whole or in part, in the event of acts of God beyond our control, including war, government regulation, terrorism, natural disasters, strikes, civil disorder, curtailment of transportation, or similar emergency beyond our control, making it impossible, illegal, or commercially inadvisable, or which materially affects our ability to perform our obligations under this Agreement in whole or in part. We may terminate this Agreement, cancel any order, or suspend Services without liability for any one or more of such occurrences listed above or similar, upon notice to you within ten (10) days of such occurrence.
Please notify us immediately if an editing schedule should change. We are obligated to charge a fee for short-notice cancellations to compensate for lost bookings.
Same Day Notice: 2 hours at full hourly rate.
Within 24 hours’ notice: 1 hour at full hourly rate.
Please notify us in writing within seven (7) days of receipt of the final Service delivery of any faults or playback issues. We will make every reasonable attempt to resolve them. After seven (7) days any issues addressed or re-edits may require additional fees.
All editing decisions are subject to our discretion. We will do our best to include edits/footage/audio/music etc. selected by the client and will advise if there are any issues with the selection or choice. In the absence of any advice, guidance, decision, or choice from the client with regard to filming and/or editing, we retain the rights to make decisions on behalf of the client.
We aim to deliver a final product of services within 90 days of a final shoot. However, this is not a guarantee.
Any number of re-edits are not guaranteed unless explicitly addressed in writing and are subject to additional fees.
WARRANTY AND LIABILITY
We warrant that we will use all due skill and care in providing our clients with our Services. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to a client as part of the Service we shall, where possible, assign to the client the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
We reserve the right to assign or sub-contract any or all of the Services, rights, and obligations under these terms and conditions without your further consent to such assignment or subcontract. We guarantee to work in accordance with Health and Safety regulations and reserve the right to identify and refuse to work in situations we deem dangerous or unsafe.
We guarantee to respect the wishes and regulations of authority, venue, persons in attendance, etc. Such restrictions may limit our capability to film and shall be considered out of our control for which we will not be held liable for loss, or incompleteness of our Services.
We guarantee to make every reasonable effort to arrive at location on time, but we will not be held responsible for lateness or non-attendance due to circumstances out of our control including but not limited to traffic delays, severe weather conditions, unforeseen illness/incapacity, accident, technical, camera or equipment failure. In such circumstances we guarantee to contact the client as soon as possible to discuss alternative arrangements.
We reserve the right to use our professional expertise and discretion to identify, film, and include what we deem significant aspects of our Services to a client. We retain all artistic license throughout our Services.
We do not guarantee a minimum amount of footage or length of video especially with respect to live events, coverage, etc.
We will not be held liable or responsible for any lighting, sound or interference issues caused by circumstances outside our control. This includes camera/equipment failure, adverse lighting, noise issues and restrictions imposed by venues.
We shall have no liability to a client for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by a client to us or instructions supplied by a client which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of the client’s.
We maintain that it is the client’s responsibility to obtain any permissions, licenses, and pay any fees associated with our Services including with or through any third party. This responsibility extends to, but is not limited to, permissions, licenses, and consent to film on location, at venues, persons in attendance, subjects, etc. We will not be held liable for any claims in breach of these permissions, licenses, consent, payment, etc. by the client or any third party.
Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.
Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by the client in respect of the services, goods and/or materials we supply to the client or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
The client agrees to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by the client, including any third party liabilities incurred by us.
Not included here are all transportation, customary tipping, hotel or car rental costs. These will be billed and invoiced on a case by case basis.
Mileage will be billed at 55.5 cents per mile (or current IRS mileage rate) per crew member for vehicle travel beyond Mesa County, CO; Fairfax County, VA; Sussex County, DE. Applicable counties are dependent on the crew member(s) and their associated studio location(s).
Travel days within the continental US are billed at 50% of Basic Rates for both crew and equipment. Days qualifying as travel days must be either the first and/or last day of a shoot, and may not begin earlier than 3 p.m. on the day before the first production day. Travel time per day may not exceed 5 hours driving, or 10 hours flying. Travel time in excess of 5 hours driving or 10 hours flying will be billed at 100% Basic Rates for crew and equipment. Travel days between production days on extended shoots, travel days beginning earlier than 3 p.m. on the day before the first production day are billed at full day rate. Travel time on the same day as production, either before or after working production hours, are counted as regular work hours; regular crew overtime rates will apply for hours after 10.
CREW AND EQUIPMENT
Crew call time is minimum 2 hours before roll time.
Crew rates are based on 10 hour days with hourly wages per crew member.
A half day is 0-5 hours from crew call time to the completion of wrap.
A full day is 5-10 hours from crew call time to the completion of wrap.
Multiple partial days cannot be combined.
Overtime is billed at 1.5 times the regular hourly rate beyond 10 hours. Time begins at the crew call time and ends at the completion of wrap. For shoots outside of Mesa County, CO, Fairfax County, VA, or Sussex County, DE, start time begins when leaving these Counties and ends when returning to one of these Counties.