These Terms constitute a legally binding agreement between the Client and Jaime Andres Media and govern all services provided. By approving an estimate, signing a proposal, paying a deposit, or remitting payment on any invoice, you acknowledge that you have read, understood, and agree to be bound by these Terms.
By engaging Jaime Andres Media for any service, including but not limited to video production, photography, editing, drone services, consulting, or retainer-based creative services, you agree to these Terms in full. These Terms govern all services rendered unless superseded by a separate written agreement signed by both parties.
Services will be performed in accordance with the scope described in the applicable invoice, estimate, proposal, statement of work, retainer agreement, email confirmation, or other written communication approved by both parties.
Any services requested outside the agreed scope, including but not limited to additional filming, editing, revisions, travel, waiting time, extra deliverables, or expanded usage rights, shall be billed separately at our then-current rates.
For one-time projects, full payment is due on the day services are rendered unless otherwise agreed in writing.
For projects exceeding $1,000, Jaime Andres Media may, at its discretion, allow a deposit structure requiring a minimum non-refundable deposit of fifty percent (50%) of the total project fee. Any remaining balance must be paid in full prior to delivery of final files, unless otherwise stated in writing.
For retainer clients, payment terms shall be governed by the applicable retainer agreement or invoice. Continued work under a retainer is contingent upon timely payment.
Late payments may incur interest at the rate of 1.5% per month, or the maximum amount permitted by applicable law, whichever is lower. We reserve the right to pause work, withhold deliverables, revoke licensing rights, or reschedule pending work until overdue balances are paid in full.
Client shall also be responsible for any reasonable costs of collection, including attorneys' fees, court costs, and collection agency fees, to the extent permitted by law.
Due to the custom, time-based, and production-intensive nature of our services, all payments made to Jaime Andres Media are non-refundable, including deposits, retainers, production fees, editing fees, and any other charges, except where otherwise agreed by us in writing.
Cancellations must be submitted in writing.
If a scheduled shoot or production day is canceled or postponed by the Client with less than twenty-four (24) hours' notice, Jaime Andres Media reserves the right to charge a cancellation or rescheduling fee based on the time reserved, crew committed, resources allocated, and any non-recoverable expenses already incurred.
Rescheduling requests are subject to availability and may result in adjusted pricing. If the scope, crew requirements, location, production complexity, or scheduling window materially changes, a revised estimate or invoice may be issued.
The Client is responsible for ensuring timely access to locations, personnel, interview subjects, decision-makers, and any other resources necessary to perform the services efficiently.
Delays caused by the Client, its representatives, talent, staff, venue, or other third parties under the Client's control may result in additional charges.
Any additional on-location time beyond the originally scheduled production window, including but not limited to waiting for access, delayed interviews, executive schedule changes, inability to break down on time, or time spent waiting to retrieve equipment from a client-controlled location, shall be billed separately at a rate of $150 per hour.
Such charges may be billed in whole or partial-hour increments, as reasonably determined by Jaime Andres Media, and will appear on a separate invoice or as an additional line item.
If additional crew members, equipment, assistants, or extended production support are required, such costs will also be billed separately.
Client shall reimburse Jaime Andres Media for pre-approved or reasonably necessary out-of-pocket production expenses, including but not limited to parking, tolls, shipping, specialty rentals, permits, hard drives, location-related fees, and other direct project expenses.
Parking charges up to $10.00 are included. Any parking expense exceeding $10.00 for a given service date or production occurrence shall be reimbursed by the Client.
Mileage, long-distance travel, lodging, per diem, and special production logistics may be billed separately when applicable and will be outlined in the estimate, proposal, or invoice where possible.
Any delivery timeline provided by Jaime Andres Media is an estimate only and not a guaranteed deadline unless expressly stated in writing.
Delivery schedules may be affected by project complexity, client responsiveness, revision cycles, delayed approvals, technical issues, force majeure events, or expanded scope. Jaime Andres Media shall not be liable for delays in delivery caused by these factors.
Jaime Andres Media retains full creative discretion over the capture, selection, sequencing, editing, color treatment, sound design, graphics, and overall final presentation of the work, consistent with the approved project scope.
Unless otherwise stated in writing, included revisions apply only to reasonable changes within the originally agreed scope and do not include re-edits based on new creative direction, added messaging, changed objectives, or additional deliverables.
For retainer clients, up to five (5) rounds of revisions per deliverable are included unless otherwise specified in the retainer agreement. Any revision requests beyond the fifth (5th) revision round shall be billed at an additional fee, at our then-current editing or post-production rate.
For non-retainer projects, revision limits shall be governed by the applicable proposal, invoice, or written agreement. Any revisions beyond the included amount shall be billed separately.
Revision requests must be consolidated where possible. Fragmented, rolling, or multi-party revision submissions may be treated as separate revision rounds at our discretion.
Unless expressly stated otherwise in writing, Jaime Andres Media is not required to provide raw footage, source files, project files, or editable timeline files.
If raw footage or project materials are requested and we agree to provide them, such materials will be delivered subject to an additional fee, subject to availability, and in a format determined by us. The Client may also be required to provide or pay for appropriate storage media or transfer costs.
We do not guarantee indefinite storage or archival of project files. Unless otherwise agreed in writing, Jaime Andres Media may delete raw footage, source files, and archived materials after a commercially reasonable period.
The Client is responsible for providing accurate information, timely approvals, consolidated feedback, and all materials reasonably necessary for the project, including logos, brand guidelines, scripts, shot priorities, interview coordination, and access permissions.
The Client warrants that it has the authority to approve the project and that any materials provided to Jaime Andres Media do not infringe on the rights of any third party.
Delays caused by failure to provide approvals, assets, or access may affect delivery schedules and may result in additional charges.
Unless expressly included in writing, the Client is responsible for securing all necessary permissions, licenses, approvals, model releases, talent releases, property releases, and location releases required for the project.
If Jaime Andres Media is asked to use client-supplied music, graphics, trademarks, footage, or other third-party assets, the Client represents and warrants that it has secured all necessary rights for such use.
The Client agrees to indemnify and hold harmless Jaime Andres Media from any claims, damages, liabilities, costs, or expenses arising from the Client's failure to secure proper permissions, licenses, or releases.
All raw footage, edited footage, photographs, graphics, audio elements, project files, and other work product created by Jaime Andres Media remain the sole intellectual property of Jaime Andres Media unless otherwise agreed in writing.
Upon full payment of all invoices, the Client is granted a limited, non-exclusive, non-transferable license to use the final delivered materials for the Client's own business, marketing, promotional, editorial, and online use.
This license does not permit resale, sublicensing, redistribution to third parties for commercial exploitation, re-editing by outside parties, use by affiliated third parties, or use outside the originally intended business purpose without prior written consent.
No rights are granted until all outstanding balances are paid in full.
Unless otherwise agreed in writing, Jaime Andres Media reserves the right to display, publish, reproduce, and use completed work, behind-the-scenes content, project excerpts, and the Client's name and logo for portfolio, website, social media, award submissions, demo reel, and promotional purposes.
If the Client requires confidentiality, embargo, or delayed publication, such restriction must be agreed to in writing in advance.
Jaime Andres Media is engaged as an independent contractor and not as an employee, partner, joint venturer, or agent of the Client. Nothing in these Terms shall be construed to create any employment, partnership, or fiduciary relationship.
To the fullest extent permitted by law, Jaime Andres Media's total liability for any claim arising out of or relating to the services shall not exceed the total amount actually paid by the Client for the specific services giving rise to the claim.
Under no circumstances shall Jaime Andres Media be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost business opportunities, reputational harm, loss of data, or delay-related losses, even if advised of the possibility of such damages.
The Client agrees to defend, indemnify, and hold harmless Jaime Andres Media and its owners, contractors, employees, and representatives from and against any and all claims, liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
Jaime Andres Media shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to severe weather, natural disasters, acts of God, illness, equipment failure despite reasonable precautions, transportation disruptions, labor disputes, war, terrorism, civil unrest, governmental actions, pandemics, power outages, or internet/service failures.
In such cases, we reserve the right to reschedule services or, if performance becomes commercially impracticable, terminate the affected portion of the agreement. Our liability shall be limited to amounts paid by the Client for services not yet rendered, less any non-recoverable costs already incurred.
Jaime Andres Media does not guarantee any specific business outcome, marketing performance, revenue increase, lead generation result, audience growth, or other commercial result from the use of any deliverables.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law rules.
Any dispute arising from or relating to these Terms or the services provided shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to the personal jurisdiction and venue of such courts.
These Terms, together with any proposal, invoice, retainer agreement, or written approval incorporated by reference, constitute the entire agreement between the parties and supersede all prior or contemporaneous discussions, understandings, or agreements relating to the subject matter.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms shall be effective unless in writing. Failure to enforce any provision shall not constitute a waiver of future enforcement.
For questions regarding these Terms, please contact:
Jaime Andres Media
Email: info@jaimeandresmedia.com