Terms of Service
Helms Media Group LLC DBA HMG Films (referred to as “HMG Films,” “we,” or “us”) provides the https://hmgfilms.com website and a range of related media production services (together referred to as the “Site” or “Services”) subject to your compliance with all terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Site, users are subject to any posted guidelines or rules applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
BY ENGAGING OUR SERVICES, ACCESSING THIS SITE, AND/OR USING ANY SERVICES PROVIDED BY HMG FILMS, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE AND DISCONTINUE USE OF OUR SERVICES IMMEDIATELY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE OR ENGAGEMENT OF OUR SERVICES.
These Terms of Service are effective as of July 26th, 2024. HMG Films reserves the right to change these Terms of Service from time to time with or without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service periodically to be aware of any modifications. Your continued use of this Site or engagement with our Services after such modifications will constitute your acknowledgment and acceptance of the modified Terms of Service and agreement to abide and be bound by them.
As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, representatives, successors, assigns, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, our Services, and/or its contents.
Description of Services
We offer a comprehensive suite of media production services designed to meet the diverse needs of businesses, brands, and individuals. Our services include:
Videography: High-quality video capture for commercials, brand videos, social media content, and events, utilizing professional techniques and equipment to produce visually compelling footage.
Photography: Versatile photography services for various purposes, including product shoots, corporate portraits, event photography, and lifestyle imagery. Each image is crafted with attention to detail, lighting, and composition.
Photo Editing: Professional editing to enhance raw images, adjusting colors, lighting, and composition to achieve a polished final product that aligns with the Client's vision and brand standards.
Video Editing: Complete post-production services for transforming raw footage into polished videos, including cutting, color grading, sound design, and motion graphics.
Graphic Design: Custom design services for branding, promotional materials, and digital content, ensuring impactful, cohesive visual communication tailored to the Client’s objectives.
This service description is provided for clarity and to define the scope of HMG Films’ offerings. Each service is governed by the terms outlined in this agreement, including intellectual property rights, payment terms, and usage limitations.
Intellectual Property Rights, Usage, and Limited License for Commercial Use
Ownership of MediaAll media produced by HMG Films, including but not limited to video footage, photographs, edited images, and graphic designs, whether created by HMG Films or any of its representatives, is and shall remain the exclusive intellectual property of HMG Films. All rights, including copyright and any other applicable intellectual property rights, are reserved. Under no circumstances does the Client obtain ownership rights to any media unless expressly agreed upon in writing.
Grant of Limited License for Commercial UseUpon full and final payment of all invoices related to the project, HMG Films grants the Client a limited, non-exclusive license to use the media for approved commercial purposes. This license does not transfer ownership but permits usage of the media in specified commercial capacities. This license is contingent upon and conditioned by payment of all outstanding fees.
Definition of Commercial Use“Commercial Use” encompasses any use by private companies, public organizations, nonprofit entities, influencers, or any individual or entity using the media to market, promote, or monetize content, regardless of medium or platform. Until payment is completed in full, the Client may not use the media in any commercial manner, including but not limited to promotional or marketing purposes, social media monetization, or any public-facing display.
Right to Use Produced MediaHMG Films retains the right to use all media produced for its own promotional and commercial purposes, including but not limited to website portfolios, social media, marketing materials, and industry exhibitions. This right is non-exclusive and does not interfere with the Client's granted license once full payment has been received.
Website Content and Terms of Service
All content on the HMG Films website, including text, images, graphics, videos, designs, logos, and these Terms of Service, is protected by copyright and intellectual property laws. Unauthorized copying, reproduction, distribution, or use of this content is prohibited. Any party agrees not to copy, distribute, or use any content from the website or these Terms of Service without express written permission from HMG Films. Unauthorized use may result in legal action and liability for damages.
Term and Cancellation Policy
Term of ServicesAll services are considered one-time projects unless supplementary terms are agreed upon in writing for ongoing or recurring work.
Within 48 Hours of Scheduled Date: The Client may cancel within 48 hours of the scheduled shoot date. However, the initial deposit is non-refundable. To reschedule, a new deposit is required.
Less Than 48 Hours Before Scheduled Date: Cancellations made within 48 hours of the scheduled date are subject to a cancellation fee equal to 50% of the agreed-upon rate.
Graphic Design and Editing ServicesOnce work on graphic design or editing services has commenced, cancellation is not permitted, and the full estimated amount is due as agreed.
Rate Specifications
Booked Time
● Half-Day Rate: Defined as 4 hours, inclusive of travel time, setup, breakdown, and actual filming.● Full-Day Rate: Defined as 8 hours, inclusive of travel time, setup, breakdown, and actual filming.● Photo Shoot: Defined as 2 hours, inclusive of travel time, setup, breakdown, and actual photography.
Please note that the time booked includes travel, setup, and breakdown; the total time allocated is not solely for continuous shooting or filming.
Extra TimeAny service exceeding the booked time is subject to additional fees billed at $100 per hour for photography and $150 per hour for videography, calculated in 15-minute increments.
Editing Photo editing is billed at $20 per photo. Video editing is billed at $30 per hour and calculated in 15-minute increments.
Payment Terms
Non-Refundable DepositA $100 non-refundable deposit is required to secure any booking. This deposit confirms your commitment to the project and secures your reservation on our schedule.
Invoices and Payment TermsAll invoices are due upon receipt unless otherwise specified. Late payments are subject to a monthly late fee of 1.5% on the outstanding balance, in accordance with Florida state law.
Automatic Billing and Failed PaymentsBy providing a valid credit card, the Client authorizes HMG Films to charge the card for all agreed-upon services, including deposits, interim payments, final balances, and additional fees. Failed payments due to disputes, insufficient funds, or other issues incur a fee of $50 for each failed payment.
Travel Expenses
For projects requiring travel beyond a 50-mile radius from our office at 6750 N Andrews Ave Suite 200, Fort Lauderdale, FL 33309, the Client is responsible for all travel expenses, including airfare, lodging, transportation, and a daily meal stipend of $50. These expenses are itemized and billed as part of the project costs.
Limitation of Liability
IndemnityThe Client agrees to indemnify, defend, and hold harmless Helms Media Group LLC DBA HMG Films, its employees, agents, contractors, subsidiaries, affiliates, representatives, successors, and assigns from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to the Client's use of HMG Films’ services or any media produced, including but not limited to accidents, injuries, property damage, or claims from third parties.
Limitation of LiabilityUnder no circumstances shall HMG Films be liable to the Client for any indirect, incidental, special, or consequential damages arising out of or related to the services provided. HMG Films’ total liability for any claim arising out of or relating to these Terms of Service or any services rendered shall not exceed the amount the Client paid to HMG Films for the specific service that is the subject of the claim.
Dispute Resolution
In the event of a dispute, the Client agrees to work with HMG Films in good faith to resolve it amicably. Should legal action become necessary, the Client agrees that any resulting attorneys' fees, court costs, and other related expenses are the Client’s responsibility.
Acceptance of Terms
By accepting any proposal from HMG Films, the Client acknowledges and agrees to these Terms of Service. Acceptance is evidenced by the Client’s signature, written approval, or digital acceptance, including email or electronic signature. A link to these Terms of Service will be provided in each proposal for reference.
For any inquiries or clarifications regarding these terms, please contact us directly.
Entire Agreement
These Terms of Service constitute the entire agreement and understanding between Helms Media Group LLC DBA HMG Films (“HMG Films”) and the Client concerning the subject matter herein and supersede all prior agreements, representations, and understandings between the parties with respect to such subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document, or to place an order for services subject to additional or modified terms and conditions, shall be null and void unless agreed to in a written agreement signed by both HMG Films and the Client.
To the extent that any other terms or information on or associated with our website conflict with or are inconsistent with these Terms of Service, the provisions of these Terms of Service shall take precedence.