NAV PRODUCTIONS – TERMS AND CONDITIONS OF SERVICE
Effective Date: December 11, 2024
This Terms and Conditions of Service Agreement (the “Agreement”) is a legally binding contract between NAV Productions Inc., a corporation organized under the laws of the State of Wyoming, operating in multiple jurisdictions throughout the United States (“NAV Productions,” “NAV,” “we,” “us,” or “our”), and the party engaging NAV Productions for services (the “Client,” “you,” or “your”). By accessing our website, engaging our services, or entering into any agreement with NAV Productions, you acknowledge that you have read, understood, and agreed to be bound by the terms set forth herein.
1. Scope of Services
NAV Productions provides videography, photography, drone operations, post-production, and related media services. All services are governed by this Agreement together with any proposal, quote, or scope of work approved by the Client. Any modification to scope must be agreed to in writing.
2. Non-Refundable Payments and Cancellation
All payments made to NAV Productions Inc., including deposits, retainers, partial payments, and payments in full, are strictly non-refundable under any circumstances once services have been scheduled, resources have been allocated, or work has commenced, whichever occurs first. The Client acknowledges that NAV Productions incurs immediate and irreversible business commitments upon confirmation of services, including scheduling personnel, reserving production dates, allocating equipment, initiating production, and foregoing other business opportunities. Accordingly, no refunds, reimbursements, credits, or adjustments shall be issued for any reason, including but not limited to cancellation, delay, dissatisfaction, or changes in the Client’s needs or expectations. Cancellation, non-performance, or termination by the Client shall not relieve the Client of any obligation to pay for services performed, scheduled, or otherwise made available. Retainer and Ongoing Services All retainer fees are billed in advance and are strictly non-refundable under any circumstances. The Client acknowledges that such fees are paid to secure ongoing availability, priority scheduling, and allocation of NAV Productions’ resources, and are not contingent upon actual usage of services within any given period. No refunds, credits, rollovers, or adjustments shall be issued for any unused services, cancellation, or non-use, regardless of cause. In the event of termination, dispute, or breakdown in the working relationship, NAV Productions reserves the right to recalculate and invoice services rendered at its standard, non-discounted rates, and the Client shall remain fully liable for all such amounts.
3. Booking, Rescheduling, and Availability
Bookings are confirmed upon receipt of payment, execution of a written agreement, or completion of a booking through NAV Productions’ platform. Requests to reschedule must be made at least 48 hours prior to the scheduled service. Changes made within 48 hours may result in additional fees or forfeiture of deposit. All scheduling remains subject to availability. Rescheduling does not entitle the Client to any refund, credit, or reduction in fees and does not alter the non-refundable nature of any payments made.
4. Production Process, Client Responsibilities, and Creative Direction
The Client acknowledges that NAV Productions’ services are collaborative in nature and are performed in stages including production and post-production. The Client is responsible for providing clear, timely, and specific direction, including creative input, messaging, expectations, and approvals at or prior to booking and throughout the duration of the project. NAV Productions shall interpret Client direction in a commercially reasonable manner consistent with industry standards. Failure by the Client to provide adequate, timely, or consistent direction shall not be attributed to NAV Productions and shall not constitute a failure in performance. Post-production timelines are dependent upon Client responsiveness. Any delay caused by the Client shall not be considered a breach of this Agreement. NAV Productions shall have no obligation to revise or reshoot content where the Client failed to provide sufficient direction during the appropriate stages. All payments remain non-refundable regardless of Client participation or responsiveness.
5. Deliverables, Revisions, and Acceptance
Deliverables will be provided in digital format unless otherwise agreed. Each project includes a limited number of revisions as defined in the applicable scope of work. Additional revisions or changes in direction may result in additional charges. Delivery timelines are estimates and may vary depending on project complexity and Client responsiveness. Unless the Client provides written notice of a technical issue within 10 days of delivery, all deliverables shall be deemed accepted as complete and satisfactory.
6. Payment, Late Fees, and Enforcement
Invoices are due upon receipt unless otherwise specified. Any failure to honor payment obligations after services have been rendered, scheduled, or made available shall constitute a material breach of this Agreement. Unpaid balances shall accrue interest at a rate of 1.5 percent per month or the maximum permitted by law, whichever is lower, calculated daily and compounded monthly. A two hundred fifty dollar administrative fee shall be applied to each delinquent invoice. NAV Productions reserves the right to suspend services, withhold deliverables, revoke usage rights, and pursue recovery of all outstanding amounts including legal and administrative costs. No license or usage rights shall transfer until payment has been made in full.
7. Intellectual Property and Usage Rights
All content produced by NAV Productions, including raw footage, edited media, and derivative works, remains the sole property of NAV Productions. The Client is granted a limited, non exclusive license to use final deliverables for their intended purpose. NAV Productions retains the unrestricted right to use any captured material for portfolio, marketing, advertising, and promotional purposes. Once content has been publicly posted by NAV Productions, it shall not be subject to removal or alteration except at NAV’s sole discretion. The Client may not modify, resell, or distribute content without written permission.
8. Aerial and Drone Operations
Drone services are subject to federal, state, and local regulations, weather conditions, and safety considerations. NAV Productions retains sole discretion to determine whether aerial operations can be performed safely and legally. If drone footage cannot be captured due to circumstances beyond NAV’s control, this shall not constitute a breach of this Agreement. No refunds or reshoots shall be required based solely on inability to perform aerial operations.
9. Safety, Site Conditions, and Liability
The Client is responsible for providing a safe and accessible environment and for disclosing any hazards, animals, or site-specific risks. NAV Productions shall not be liable for injuries, damages, or delays caused by unsafe conditions, undisclosed hazards, or third-party actions. The Client shall be responsible for any damage to equipment or injury to personnel resulting from unsafe or negligent conditions under the Client’s control. The Client acknowledges that certain production activities involve inherent risks and assumes responsibility for ensuring safe conditions.
10. Subcontractors and Personnel
NAV Productions may engage subcontractors or assign personnel as necessary to fulfill services. The Client agrees not to solicit, hire, or contract directly with any NAV Productions employee, contractor, or subcontractor for a period of 36 months following project completion. NAV Productions reserves the right to substitute personnel as necessary while maintaining professional standards.
11. Data Use and Systems
NAV Productions may utilize internal systems, tools, and analytics to improve workflow, service delivery, and client experience. Client data will not be sold or rented to third parties.
12. Project Inactivity, File Management, and Archival Policy
If the Client fails to provide direction, feedback, or required materials for 30 days, the project may be deemed inactive. NAV Productions reserves the right to close inactive projects and require additional fees or updated pricing for reactivation. Deliverables are deemed accepted upon delivery, and the Client is responsible for downloading and securely storing all files. NAV Productions shall have no obligation to retain raw footage or project files after project completion. Retrieval, if available, may be subject to additional fees.
13. General Provisions
NAV Productions makes no guarantee regarding performance, results, or outcomes of any deliverables. The Client represents that all materials provided are properly licensed and agrees to indemnify NAV Productions from any related claims. NAV Productions reserves the right to refuse, suspend, or terminate services in cases of unsafe conditions, unreasonable demands, or interference. NAV Productions may be credited publicly for its work unless otherwise agreed. NAV Productions shall not be liable for failure or delay due to circumstances beyond its control. The Client agrees to indemnify and hold NAV Productions harmless from any claims arising from use of deliverables or breach of this Agreement. NAV Productions shall not be liable for indirect or consequential damages, and total liability shall not exceed the amount paid. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles. NAV Productions operates in multiple states; however, the parties agree that any dispute arising under this Agreement shall be resolved exclusively within the State of Wyoming. If any provision is found unenforceable, the remainder shall remain in effect. This Agreement constitutes the entire understanding between the parties.