Terms of Service

Last Updated: Apr 22, 2026

These Terms of Service (“Terms”) govern your use of the website, marmeracreative.com, and the video production services provided by Marmera Creative (“we,” “us,” or “our”). By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Scope of Work and Quotes

  • All work undertaken will be based on an agreed-upon project proposal or statement of work (SOW).
  • The proposal will outline the project scope, deliverables, estimated timeline, and costs.
  • Any amendments, additional filming days, or revisions outside the original scope will incur additional charges.
  • The client must provide necessary materials, approvals, and information in a timely manner. Delays in client feedback may lead to project schedule adjustments.

2. Payment Terms

  • Deposit: A non-refundable deposit of [e.g., 50%] is required to secure production dates and initiate the project.
  • Milestones: Projects may be billed based on milestones (e.g., 50% deposit, 25% post-production, 25% upon final delivery).
  • Final Payment: Final deliverables will be released only after full payment is received.
  • Late Payments: Invoices not paid within [e.g., 30] days of the invoice date may be subject to late fees.

3. Revisions and Approval

  • Each project includes [e.g., two] rounds of revisions, provided they do not constitute a change in the original project scope.
  • Additional revisions will be billed at an hourly rate of [Amount] or as a separate change order.
  • Once final approval is given by the client, any further changes will incur additional costs.

4. Intellectual Property Rights

  • Raw Footage: Marmera Creative retains ownership of all raw footage, project files, and proprietary technology, unless otherwise agreed upon in writing.
  • Final Deliverables: Upon final payment, the client is granted a perpetual, non-exclusive license to use the final edited video.
  • Portfolio Rights: Marmera Creative retains the right to use the final video or excerpts for promotional purposes (portfolio, demo reel, social media) unless a non-disclosure agreement (NDA) is in place.

5. Client Responsibilities

  • The client is responsible for providing all necessary assets (logos, branding guidelines, scripts) in a timely manner.
  • The client is responsible for securing, filming locations, and necessary talent releases unless otherwise stated in the SOW.

6. Cancellation and Rescheduling

  • If you, the client, cancels the project, the deposit is non-refundable.
  • Work completed beyond the deposit amount at the time of cancellation will be invoiced to the client.
  • Rescheduling within [e.g., 48 hours] of a scheduled shoot may incur a fee of $500 to cover crew/equipment costs.

7. Confidentiality

  • Both parties agree to keep all project-related information, scripts, and pre-production concepts confidential.

8. Rental Equipment

  • Third-Party Rentals: If the project requires specialized equipment not owned by the Agency, the cost of such rentals will be billed to the Client. The Agency acts as an agent in procuring these rentals, but the Client is responsible for any associated rental house terms.
  • Damage and Loss: The Client assumes full financial responsibility for any damage, loss, or theft of equipment (whether owned by the Agency or rented from a third party) caused by the Client, their employees, or their guests during the production.
  • Equipment Failure: In the event of a mechanical failure of equipment, the Agency will make every reasonable effort to replace the gear and minimize downtime. The Agency is not liable for project delays caused by equipment failure beyond its control.
  • Insurance Requirements: Depending on the scale of the production, the Agency may require the Client to provide a Certificate of Insurance (COI) naming the Agency as an “Additional Insured” before production begins.

9. Limitation of Liability

  • Marmera Creative is not liable for any indirect, incidental, or consequential damages arising from the use of our services.
  • All services are provided “as-is” without a guarantee of specific commercial results.
  • Our liability is limited to the total value of the contract.

10. Equipment Rental (Dry-Hire)

  • Payment & Security Deposit: Full payment of the rental fee is required to confirm a booking. A refundable security deposit or a valid credit card authorization may be held to cover potential damages, missing items, or late fees.
  • Pick-up and Return:
    • Location: All equipment must be collected from and returned to our studio at One Arizona Center unless otherwise agreed in writing.
    • Timing: Pick-ups are typically scheduled after 2:00 PM on the day prior to the rental, and returns are due by 10:00 AM on the day following the rental.
  • Late Fees: Equipment returned after the designated time will incur a late fee of [e.g., 50% of the daily rate]. Returns delayed by more than 4 hours will be billed as an additional full rental day.
  • Condition & Damage Responsibility:
    • Inspection: The Renter is responsible for inspecting all gear at the time of pick-up. Once the gear leaves our premises, it is deemed to be in good working order.
    • Damage/Loss: The Renter assumes 100% financial liability for any damage, loss, or theft, regardless of fault. This includes repair costs at an authorized facility or the full MSRP replacement value if the item is unrepairable.
    • Loss of Use: If equipment is damaged and cannot be rented to subsequent clients, the Renter may be liable for “loss of use” fees equivalent to the daily rental rate until the item is replaced or repaired.
  • Insurance: Renters must provide a Certificate of Insurance (COI) for the full replacement value of the equipment, naming Marmera Creative as the Loss Payee and Additional Insured, prior to pick-up.

11. Governing Law

  • These terms are governed by the laws of Arizona.