TERMS OF AGREEMENT (T.O.A.)

Producer agrees to produce and deliver to Client the production of the below-referenced media (“Specified Media”), subject to and in accordance with all terms, conditions, and specifications set forth herein. Producer’s responsibilities for furnishing media are detailed in Addendum A: Production Specifications and Bid Estimate Form.

1. QUALITY – All completed media and services supplied by Producer shall meet industry production standards. Producer agrees that the media shall be of high quality, artistically produced with direction, photography, sound, art, animation, synchronization, and other physical and aesthetic elements as outlined in the bid estimate.

2. FURNISHING MATERIALS, SERVICES, & RELEASES – A. Client Responsibilities: Client shall provide scripts, storyboards, product props, production notes, music, celebrity talent, creative guidance/supervision, and necessary clearances unless otherwise specified in Addendum A: Production Specifications and Bid Estimate Form. The Producer is not responsible for editorial/post-production subcontracting. The Client will provide musical tracks or compositions, as well as any required rights clearances, unless otherwise specified. B. Producer Responsibilities: Producer shall deliver the completed Specified Media in accordance with this Agreement and the requirements outlined in Addendum A. Producer shall obtain and deliver to Client all necessary consents, waivers, or releases from talent and all other individuals or entities involved in the production, to the extent permissible by applicable union or guild agreements. Unless otherwise noted in Addendum A, Producer shall be responsible for all other requirements necessary for delivering the Specified Media.

3. OWNERSHIP – Except as otherwise provided herein, the Client shall own all rights, title, and interest in and to the Specified Media, including all copyrights, as well as all exposed negatives, positives, outtakes, and clips. However, Client grants Producer an exclusive, worldwide, sublicensable, transferable, royalty-free license to use media clips produced during the course of the contracted work.

4. SECURITY & CONFIDENTIALITY – Producer acknowledges that certain information related to the Specified Media may be confidential and/or sensitive. At the Client’s written request, Producer agrees to take reasonable measures to ensure that all individuals engaged in production sign appropriate non-disclosure agreements prohibiting discussion or disclosure of confidential information, except as necessary for the production process under this Agreement.

5. CONTINGENCY & WEATHER DAYS – A. Contingency Days: A contingency day is any day in which scheduled media/film shooting cannot occur due to circumstances beyond the production company’s control. B. Circumstances for Contingency Days May Include (but Are Not Limited To): (1) Weather conditions (rain, fog, sleet, hail, or any adverse condition inconsistent with prescribed shooting conditions). (2) Injury, illness, or absence of client-supplied elements.

6. CANCELLATIONS & PAYMENTS – A. Deposits & Final Payment: A 50% deposit is required to secure a booking. The remaining balance must be paid in full before the Client takes possession of all related materials, including media, raw footage, audio, and final edited content. The Client will have one opportunity to request edits or changes prior to final completion and delivery of all media. (Additional charges may apply for further revisions.) B. Refund Policy: Refunds will only be issued if New York Lens is unable to fulfill the agreed-upon shoot. No refunds will be issued for issues beyond New York Lens’ control, such as: Issues with actors, directors, producers, or other personnel outside of the film crew’s scope. Issues related to permits, liability insurance, or other external factors outside of New York Lens’ responsibility. C. Client Cancellations: If a scheduled shoot is canceled by the Client at least 14 days before the scheduled date, a credit will be held for a future shoot. If a shoot is canceled within 14 days of the scheduled date, the deposit will be forfeited. If the Client cancels a rescheduled shoot, the deposit shall be automatically forfeited. D. Last-Minute Bookings: If a booking is made within 72 hours of a shoot date, payment must be made in full before confirmation. E. Out-of-State & Long-Distance Bookings: If a booking is out of state or over 200 miles, full payment must be made in advance to confirm the shoot date.

An invoice will be generated for all bookings. A 50% deposit is required to secure the booking.

Thank you for your business!