Scope of Services

Evergreen provides commercial media services which may include, depending on the selected package, proposal, invoice, booking form, or statement of work:

• Commercial photography
• Commercial videography
• Brand photography
• Product and service visuals
• Corporate event coverage
• Promotional video content
• Social media content
• Website and marketing media
• Testimonial or interview-style content
• Recap or highlight videos
• Editing and post-production
• Digital content delivery

The specific services, deliverables, pricing, timeline, and usage rights will be listed in the Client’s proposal, invoice, booking form, agreement, or statement of work. Any services not listed in the approved scope are not included unless agreed to in writing.

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Business-to-Business Relationship

Client understands that these services are being provided for business, organizational, marketing, promotional, internal, commercial, or professional use.

Client is responsible for ensuring that all requested media usage complies with Client’s own business policies, industry regulations, advertising rules, employment policies, privacy requirements, intellectual property obligations, and third-party permissions.

Evergreen is not responsible for Client’s legal, regulatory, advertising, employment, privacy, intellectual property, or compliance obligations related to how final media is used.

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Booking, Retainer & Payment

1. Retainer

A non-refundable retainer may be required to reserve the project date, production time, editing schedule, crew, or related project resources. Unless otherwise stated in the proposal, the retainer is applied toward the total project balance.

The project is not considered confirmed until the required retainer, signed agreement, or written acceptance is received by Evergreen.

2. Final Payment

Final payment is due according to the terms listed in the approved proposal, invoice, or statement of work. Unless otherwise agreed in writing, final payment is due before final delivery of completed files.

Evergreen may withhold final deliverables, downloads, usage rights, publication approval, or access to completed media until all outstanding balances are paid in full.

3. Late Payments

Invoices not paid by the due date may be subject to late fees, paused work, delayed delivery, or suspension of usage rights until payment is received.

Client is responsible for any reasonable collection costs, payment processing fees, attorney fees, or administrative costs associated with overdue balances, where permitted by law.

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Cancellation, Rescheduling & Postponement

1. Client Cancellation

If Client cancels a confirmed project, any paid retainer is non-refundable. If cancellation occurs after Evergreen has begun planning, production, editing, staffing, travel coordination, rental coordination, location preparation, or other project work, Client may be responsible for additional fees based on work already performed, expenses incurred, or time reserved.

2. Rescheduling

Client may request to reschedule a project. Rescheduling is subject to Evergreen’s availability and may require additional fees, especially if the request creates staffing, travel, rental, venue, or production cost changes.

If a new date cannot be mutually agreed upon, the project may be treated as a cancellation.

3. Weather, Venue, or Operational Delays

For outdoor or location-based projects, Client is responsible for confirming whether the project should proceed, postpone, or reschedule due to weather, venue restrictions, access issues, or operational concerns.

Evergreen is not responsible for missed deliverables caused by weather, unsafe conditions, venue limitations, access denial, client delays, third-party delays, or changes to the project environment outside Evergreen’s control.

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Project Scope & Change Requests

The approved proposal, invoice, booking form, or statement of work defines the scope of the project. Additional requests may result in additional fees, including but not limited to:

• Additional shoot time
• Additional editing time
• Additional deliverables
• Additional locations
• Additional revisions
• Rush delivery
• Script changes
• Reshoots
• Additional crew
• Equipment rental
• Travel, parking, or lodging
• Paid talent, models, actors, or extras
• Special licensing, music, stock assets, or voiceover
• Reformatting for additional platforms

Any change to scope must be agreed to in writing before additional work begins.

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Client Responsibilities

Client agrees to provide timely cooperation, communication, approvals, access, and information needed to complete the project.

Client responsibilities may include:

• Providing accurate project details
• Confirming date, time, and location
• Providing shot lists, brand guidelines, scripts, or creative direction when required
• Securing venue access and permissions
• Obtaining permits when required
• Coordinating employees, staff, customers, models, speakers, or participants
• Ensuring products, spaces, signage, or team members are production-ready
• Providing logos, brand assets, product information, or marketing copy
• Obtaining permissions from people who appear in the media
• Reviewing drafts and providing timely feedback
• Paying invoices on time

Delays caused by missing information, delayed approvals, late payments, unavailable personnel, location restrictions, or lack of preparation may delay delivery and may result in additional fees.

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Production Day Expectations

Client is responsible for ensuring the location, products, staff, speakers, displays, signage, and any required participants are ready at the scheduled start time.

Evergreen is not responsible for missed content caused by:

• Late arrivals
• Unprepared spaces
• Missing products or props
• Venue restrictions
• Poor location conditions
• Last-minute schedule changes
• Unavailable employees, speakers, guests, or customers
• Lack of permission to film or photograph
• Interruptions by third parties
• Safety concerns
• Weather or environmental conditions
• Client’s failure to provide necessary access or direction

If production is delayed due to Client-side issues, the scheduled production time will still be considered used unless Evergreen agrees otherwise in writing.

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Safety & Work Environment

Evergreen reserves the right to pause or stop work if the production environment is unsafe, unlawful, hostile, discriminatory, abusive, hazardous, or otherwise unsuitable.

Client is responsible for providing a safe working environment for Evergreen’s team, contractors, vendors, and equipment.

If Evergreen determines that work cannot safely continue, the project may be paused, rescheduled, modified, or terminated. Client may remain responsible for fees and expenses incurred.

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Creative Direction & Artistic Discretion

Client acknowledges that photography, videography, editing, lighting, pacing, sequencing, composition, and visual storytelling are creative services and involve professional judgment.

Evergreen agrees to perform services in a professional manner consistent with its portfolio, brand style, proposal, and agreed scope.

Unless a specific creative direction is agreed to in writing before production, Evergreen retains creative discretion over composition, lighting, framing, shot selection, editing style, color treatment, music pacing, sequence, storytelling, final file selection, and overall look and feel.

Client dissatisfaction based on subjective preference, stylistic differences, or creative interpretation does not constitute failure to deliver services or grounds for refund.

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Revisions & Approval

The number of included revision rounds, if any, will be listed in the proposal, invoice, or statement of work. Unless otherwise stated, revision requests must be submitted in one consolidated message within seven (7) calendar days of delivery.

1. Reasonable Revisions May Include

• Minor clip swaps
• Minor image swaps
• Small sequencing adjustments
• Text corrections
• Minor timing adjustments
• Minor brightness or color adjustments
• Removal of specific clips or images

2. Revisions Do Not Include

• Full re-edits
• New creative direction after delivery
• Script rewrites after editing begins
• New filming or reshoots
• Advanced retouching
• Object or person removal
• Rebuilding deliverables for platforms not included in scope
• Additional versions not included in scope
• Requests that conflict with the original project direction
• Work outside the approved proposal

Additional revisions or expanded edits may be quoted separately. If Client does not submit revision notes or approval within seven (7) calendar days of delivery, the project may be considered approved as delivered.

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Delivery Timeline

Estimated delivery timelines will be stated in the proposal, invoice, booking form, or statement of work.

Delivery timelines begin only after Evergreen has received all required items from Client, including signed agreement or written approval, required payment, project details, brand assets, creative direction, shot list, script, required approvals, and required access to locations or files.

Delivery timelines may be extended due to project complexity, delayed client responses, revisions, payment delays, additional requests, technical issues, staffing conflicts, holidays, travel, weather, vendor delays, or circumstances outside Evergreen’s reasonable control.

Final files are delivered digitally unless otherwise stated. Client is responsible for downloading and backing up final deliverables.

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File Storage & Archiving

Evergreen may store final deliverables for a limited period after delivery but is not obligated to permanently archive any files.

Unless otherwise stated in writing, galleries, delivery links, working files, project folders, and exports may be deleted after six (6) months from delivery.

Client is responsible for downloading, saving, and backing up all final files. Evergreen is not responsible for replacing, re-exporting, recovering, or storing files after the storage period ends.

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Raw Files & Working Files

Unless expressly included in the proposal, Evergreen does not provide raw files, unedited files, project files, editing timelines, working files, source project files, Lightroom catalogs, Premiere files, DaVinci Resolve files, Photoshop files, audio sessions, or internal production assets.

Final edited deliverables are the completed product. If raw files or working files are requested, Evergreen may decline the request or quote a separate licensing and release fee at its discretion.

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Usage Rights & Licensing

1. Client Usage Rights

Upon full payment, Client receives the usage rights described in the proposal, invoice, or statement of work. Unless otherwise stated, Client receives a non-exclusive, non-transferable license to use final approved deliverables for Client’s own business marketing, website, social media, email marketing, internal communications, sales materials, and organic digital promotion.

2. Commercial Advertising Usage

Paid advertising, broadcast, television, streaming ads, OTT, print campaigns, billboard usage, national campaigns, resale, sublicensing, or third-party commercial use may require additional licensing unless included in the proposal.

3. Restrictions

Client may not sell, license, transfer, modify, or provide the media to third parties for their own commercial use without Evergreen’s written permission.

Client may not materially alter final media in a way that misrepresents Evergreen’s work, damages Evergreen’s reputation, or creates misleading or unlawful content.

4. Copyright Ownership

Unless otherwise agreed in writing, Evergreen retains copyright ownership of all media it creates. Client receives usage rights, not copyright ownership, unless copyright transfer is expressly stated in writing and paid for as a separate assignment.

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Third-Party Usage

Vendors, partners, sponsors, venues, agencies, affiliates, publications, or other third parties must receive written permission from Evergreen before using final media for their own marketing, advertising, or commercial purposes.

Proper credit to Evergreen Lens Media may be required when media is shared publicly, unless otherwise agreed.

If Client wants third-party usage rights included, this should be stated in the proposal or licensed separately.

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Talent, Staff, Customer & Model Releases

Client is responsible for obtaining any necessary permission, approval, release, or consent from employees, contractors, customers, guests, speakers, models, actors, minors, or other individuals who appear in the media.

Client agrees not to request or use media in a way that violates privacy, employment rights, publicity rights, union rules, school policies, venue rules, or third-party agreements.

If Evergreen provides a release form, Client remains responsible for ensuring it is properly distributed, completed, and retained unless otherwise agreed in writing.

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Brand Assets & Client Materials

Client represents that it owns or has permission to use all logos, trademarks, graphics, music, footage, photos, copy, products, packaging, brand assets, and materials provided to Evergreen.

Client grants Evergreen permission to use Client-provided assets solely for the purpose of completing the project.

Client agrees to indemnify Evergreen against claims arising from Client-provided materials that infringe on third-party rights.

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Music, Stock Assets & Licensing

Evergreen may use licensed music, stock footage, graphics, templates, voiceover, fonts, or other licensed assets as part of the project.

Client understands that certain assets may be subject to licensing restrictions, platform restrictions, geographic restrictions, term limits, or usage limits.

If Client requests a specific song, clip, font, image, or other asset, Evergreen may decline or substitute it if it is not legally available, not appropriate for the project, or outside the budget.

Client is responsible for any claims, takedowns, muted audio, platform restrictions, or legal issues resulting from Client-requested unlicensed or improperly licensed assets.

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Confidentiality

Evergreen will use reasonable care with confidential business information shared by Client for the purpose of completing the project.

Confidential information may include non-public product information, internal communications, unreleased campaigns, private business operations, customer information, or proprietary materials.

Confidentiality obligations do not apply to information that is publicly available, independently developed, already known, lawfully received from a third party, or required to be disclosed by law.

If Client requires a separate non-disclosure agreement, it must be provided and signed before confidential materials are shared or production begins.

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Portfolio & Promotional Use

Unless Client opts out in writing before production or delivery, Evergreen may use final deliverables, excerpts, screenshots, behind-the-scenes content, or project descriptions for Evergreen’s portfolio, website, social media, advertising, case studies, proposals, and promotional materials.

If the project is confidential, unreleased, sensitive, or subject to a launch date, Client must notify Evergreen in writing before production begins.

Evergreen may delay portfolio use until an agreed release date if requested in writing.

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No Guarantee of Business Results

Evergreen provides media production and creative services. Evergreen does not guarantee specific business results, sales, leads, bookings, conversions, social media engagement, advertising performance, revenue, public response, or return on investment.

Client is responsible for how media is used, distributed, advertised, targeted, optimized, and measured.

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Force Majeure & Limitation of Liability

Evergreen shall not be liable for failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, fire, flood, government orders, public health emergencies, transportation disruptions, power outages, labor disputes, civil unrest, equipment failure, illness, injury, or unavailability of assigned personnel despite commercially reasonable efforts to secure a replacement.

In such cases, Evergreen may attempt to reschedule, provide a qualified replacement, modify the project scope, or issue a credit or refund based on services not yet performed, at Evergreen’s discretion and subject to the agreement.

To the fullest extent permitted by law, Evergreen’s total liability for any claim arising out of the project shall not exceed the amount actually paid by Client to Evergreen for the specific project giving rise to the claim.

Evergreen shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, loss of business opportunity, reputational harm, advertising losses, campaign failure, emotional distress, or third-party claims.

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Indemnification

Client agrees to defend, indemnify, and hold harmless Evergreen, its owners, employees, contractors, vendors, and representatives from any claims, damages, liabilities, costs, and expenses arising out of:

• Client’s use of the final media
• Client-provided materials
• Client’s failure to obtain releases, permissions, permits, or approvals
• Claims by employees, customers, models, guests, vendors, or third parties
• Client’s advertising, marketing, publication, or distribution of the media
• Client’s breach of this Agreement
• Client’s violation of law, regulation, privacy rights, publicity rights, copyright, trademark, or third-party rights

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Electronic Communications

Client agrees that Evergreen may communicate by email, phone, text message, online forms, client portal, shared documents, or other reasonable business communication methods.

Service-related communications may include scheduling, project planning, payment reminders, delivery notifications, revision requests, approvals, and post-project follow-up.

Client is responsible for providing accurate contact information and responding in a timely manner.

SMS and Email Consent

By submitting an inquiry, completing a form, signing an agreement, or submitting payment through Evergreen’s systems, Client consents to receive service-related communications by SMS/text, email, and phone. Message and data rates may apply.

Clients may opt out of SMS communications by replying STOP. Clients may request assistance by replying HELP. Opting out of SMS does not prevent Evergreen from sending essential transactional communications by alternate methods, including email.

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Governing Law & Entire Agreement

1. Independent Contractor Relationship

Evergreen is an independent contractor and is not an employee, partner, agent, joint venture, or legal representative of Client. Evergreen retains control over the manner and means of providing creative and production services, subject to the agreed scope of work.

2. Governing Law

This Agreement shall be governed by the laws of the state in which Evergreen’s contracting entity is organized, unless otherwise required by applicable law or stated in the proposal.

Any disputes shall be handled in a venue and jurisdiction reasonably connected to Evergreen’s business location, unless otherwise agreed in writing.

3. Entire Agreement

These Terms & Conditions, together with the approved proposal, invoice, statement of work, booking form, and any written amendments, represent the full agreement between Client and Evergreen for the selected commercial media services.

Any changes must be agreed to in writing.

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