Standard Service Terms

These Standard Service Terms ("Terms") govern all projects and services provided by Be Authentic Productions ("Be Authentic," "we," "us," or "our") to our clients ("Client," "you").

Our business address is:

Be Authentic Productions
983 Mission De Oro, Suite G
Redding, CA 96003

By requesting a quote, approving a quote, or otherwise engaging Be Authentic to perform services, you agree to be bound by these Terms. If you do not agree, please do not approve any quote or engage our services.

These Terms are intended for business and organizational clients only (such as companies, agencies, nonprofits, and other entities). By engaging our services, you represent that you are doing so for business purposes and not as an individual consumer.

1. Engagement & Scope of Services

1.1 Quotes and Scopes. Our services for each project (a "Project") are described in one or more written quotes, proposals, or statements of work issued by Be Authentic (each, a "Quote"). The Quote sets out the anticipated scope, deliverables, and fees based on our understanding of your needs at the time it is prepared.

1.2 Discovery & Strategy. Before or after issuing a Quote, we may perform discovery, strategy, or planning work, including meetings, internal planning, and concept development. This work is part of our professional service and is compensable as described in these Terms, even if you later decide not to proceed to full production.

1.3 Business Use Only. You confirm that you are engaging Be Authentic for commercial or organizational purposes and not as a consumer for personal, family, or household use.

2. Quote Approval & Authorization to Proceed

2.1 Binding Agreement Upon Approval. When you approve a Quote in any manner (including e-signature, clicking an "Approve" or "Accept" button, replying "approved" or similar language by email, or otherwise providing written confirmation), you:

• Accept the Quote;
• Accept and agree to be bound by these Terms; and
• Authorize Be Authentic to begin work on the Project as described in the Quote and as reasonably necessary to deliver the Project.

2.2 Work May Begin Immediately. Upon approval of the Quote, we may immediately begin work, including but not limited to:

• Scheduling and preparing a Kickstarter or kickoff meeting;
• Developing concepts, outlines, scripts, storyboards, or strategies;
• Planning production logistics;
• Reserving dates, locations, or third-party resources; and
• Allocating internal team time and resources.

2.3 Obligation to Pay for Work Performed. From the moment you approve a Quote, you agree to pay for all work performed and costs incurred by Be Authentic in connection with the Project, as further described in Sections 4 and 5 below—even if:

• You later decide to cancel the Project;
• You choose not to proceed to production; or
• You change your mind immediately after approving the Quote.

3. Client Responsibilities

3.1 Information & Access. You agree to provide all information, approvals, assets, and access reasonably needed for us to perform the Project, including brand assets, logins, copy, decision-maker availability, and any required permissions.

3.2 Timely Feedback & Approvals. You agree to review materials and provide feedback and approvals within reasonable timeframes as communicated during the Project. Delays in feedback or approvals may delay the Project and can result in additional fees if timelines must be compressed or rescheduled.

3.3 Authority to Bind. You represent that the person approving the Quote or communicating with us on your behalf has actual authority to bind your business or organization to these Terms and to the applicable Quote.

4. Changes, Cancellations & Postponements

4.1 Changes to Scope (Change Orders). Any requested change that goes beyond the scope described in the approved Quote—such as additional deliverables, new concepts, extra shoot days, new locations, extended usage rights, or additional rounds of revisions—will be treated as a change order. Change orders:

• Must be agreed to in writing (email is sufficient); and
• Will be billed at our then-current rates or as otherwise agreed in writing.

4.2 Client-Initiated Non-Continuation After Approval. If you approve a Quote and then, at any time, decide not to move forward with the Project (including immediately after approval), you agree to:

• Pay for all time spent by Be Authentic on the Project up to the date you notify us in writing that you are not proceeding; and
• Reimburse all committed or non-refundable third-party costs (for example, location deposits, equipment rentals, or contracted vendors).

Time will be billed at our then-current professional rates and/or as otherwise specified in the Quote.

4.3 Cancellation After Work Has Started. If you cancel the Project after we have begun work (including planning, discovery, Kickstarter meetings, or early creative work), you will be responsible for:

• All professional time spent on the Project to date, billed at our then-current rates;
• Any minimum or flat fees specified in the Quote; and
• All non-refundable or committed third-party costs incurred on your behalf.

4.4 Postponements & Rescheduling. If you request to postpone or reschedule a Project or a portion of it (such as a shoot date):

• We will make reasonable efforts to accommodate, but new dates are subject to availability;
• Rescheduling may incur additional fees, including but not limited to rescheduling fees, rush fees, or rebooking fees for third-party vendors; and
• You remain responsible for any costs or fees that cannot be refunded or rescheduled with third-party providers.

4.5 Right to Stop Work for Non-Payment. If any invoice becomes overdue, we may pause work on any or all Projects until payment is received. Pausing work due to non-payment does not relieve you of payment obligations for work already performed or costs already incurred.

5. Fees, Invoicing & Payment

5.1 Fees. Fees for each Project are as set forth in the applicable Quote and any approved change orders. In addition, where applicable, we may charge for professional time at our then-current hourly or day rates, especially in the case of cancellation, non-continuation, or additional work.

5.2 Invoicing. Unless otherwise stated in the Quote, we may invoice:

• Upon Project kickoff or commencement of work;
• At agreed milestones;
• Upon substantial completion of deliverables; and/or
• Upon cancellation or non-continuation of a Project, for all work performed and costs incurred to date.

5.3 Payment Terms. Payment is due upon receipt of the invoice, unless otherwise specified. You agree to pay all invoices in full and on time.

5.4 Late Payments. Late payments may be subject to:

• A late fee and/or interest at the lesser of 1.5% per month or the maximum rate permitted by California law; and
• Reasonable costs of collection, including fees for attorneys or collection agencies, if applicable.

5.5 Third-Party Costs. You are responsible for third-party costs we incur on your behalf (such as talent, locations, stock assets, travel, or advertising spend). These may be invoiced:

• In advance;
• As incurred; or
• As a pass-through charge with an additional administrative or production fee, as specified in the Quote.

6. Intellectual Property & Usage Rights

6.1 Ownership Prior to Full Payment. Unless otherwise agreed in writing, all footage, images, designs, files, and other materials created or produced by Be Authentic ("Work Product") remain our property until all fees and expenses for the Project have been paid in full.

6.2 License or Transfer Upon Payment. Upon receipt of full payment for the Project, you will receive the usage rights described in the Quote (for example, a license to use final videos or photos for your business marketing, website, social media, or advertising). Any use beyond the scope described in the Quote requires our prior written approval and may require an additional fee.

6.3 Portfolio & Self-Promotion. Unless you notify us in writing before Project completion, Be Authentic may display and use the Work Product—including screenshots, clips, and behind-the-scenes content—in our portfolio, website, social media, reels, and other marketing materials.

7. Confidentiality

7.1 Mutual Confidentiality. Both parties agree to keep confidential any non-public information received from the other party that is marked or reasonably understood to be confidential, and to use such information only as necessary to perform or receive the services.

7.2 Exceptions. Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, is independently developed, or must be disclosed by law or court order.

8. Warranties & Disclaimers

8.1 Professional Services. We will perform our services in a professional manner consistent with industry standards for similar creative and production services.

8.2 Client Content. You are solely responsible for ensuring that any content, materials, claims, or information you provide to us:

• Are accurate and lawful;
• Do not infringe any third-party rights; and
• Comply with applicable regulations (including, without limitation, advertising, financial, medical, legal, or other industry-specific rules).

8.3 No Guarantee of Results. Because marketing and creative results depend on many factors beyond our control, we do not guarantee any specific outcomes, such as sales, leads, views, or engagement levels.

9. Limitation of Liability

To the fullest extent permitted by law:

• Be Authentic's total liability arising out of or related to any Project, these Terms, or any services provided to you (whether in contract, tort, or otherwise) is limited to the total fees paid by you to Be Authentic for the specific Project giving rise to the claim; and
• Be Authentic will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or lost opportunities, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain damages; in such cases, these limitations shall apply to the maximum extent permitted by California law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Be Authentic, its owners, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Work Product;
• Any content, information, or materials you supply; or
• Your breach of these Terms or the applicable Quote.

11. Termination

11.1 Termination for Cause. Either party may terminate a Project for material breach if the other party fails to cure the breach within 10 days after receiving written notice of the breach.

11.2 Effect of Termination. Upon termination for any reason, you agree to:

• Pay Be Authentic for all work performed up to the effective date of termination; and
• Reimburse all committed or non-refundable third-party costs.

Any provisions that by their nature should survive termination (including, without limitation, payment obligations, intellectual property provisions, confidentiality, limitations of liability, and dispute resolution) will survive.

12. Governing Law & Dispute Resolution

12.1 Governing Law. These Terms and any disputes arising out of or relating to these Terms, any Quote, or any Project shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.

12.2 Venue. You agree that any legal action or proceeding arising out of or relating to these Terms, any Quote, or any Project shall be brought exclusively in the state or federal courts located in Shasta County, California, and you hereby consent to the personal jurisdiction and venue of such courts.

13. Miscellaneous

13.1 Entire Agreement. For each Project, these Terms and the applicable Quote (including any written change orders) constitute the entire agreement between you and Be Authentic and supersede all prior or contemporaneous understandings or agreements regarding that Project.

13.2 Amendments. Any amendment or modification to these Terms or a Quote must be in writing and agreed to by both parties (email is sufficient for amendments specific to a Project).

13.3 No Waiver. Failure by either party to enforce any provision shall not be deemed a waiver of that or any other provision.

13.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.5 Independent Contractor. Be Authentic is an independent contractor, not an employee, partner, or joint venturer of the Client.