Terms of Service
Governing the provision of photography, videography, and podcast production services between our company and you, the client.
01. Agreement to Terms
By signing a Service Agreement with the Company, you affirm that you have read, understood, and agree to be bound by these Terms in their entirety. The Service Agreement, which details the specific scope, fees, and schedule for your project, incorporates these Terms by reference.
02. Scope of Services & Client Responsibilities
2.1 — Services
The Company agrees to provide the photography, videography, and/or podcast production Services as detailed in the signed Service Agreement.
2.2 — Client Cooperation
The Client agrees that cooperation and punctuality are essential for a successful outcome. The Client is responsible for securing access to all locations and ensuring that all individuals to be included in the session are present and cooperative. The Company is not responsible for compromised coverage due to the lateness of the Client or other parties, unfavorable weather conditions, restrictive location rules, or the unwillingness of any person to be filmed, photographed, or recorded.
2.3 — Location Permits
The Client is solely responsible for obtaining and paying for any and all necessary permits, clearances, or permissions required for the Company to perform its Services at all shoot or recording locations.
2.4 — Podcast-Specific Responsibilities
For podcast production engagements, the Client is additionally responsible for:
- Confirming the availability and attendance of all scheduled guests and participants.
- Obtaining and delivering to the Company all required signed release forms and, for minor participants, completed Parental/Guardian Consent Forms prior to the recording date.
- Providing accurate guest information including names (or approved aliases for minors), roles, and any relevant biographical information for show notes.
- Reviewing and approving episode content within the timeframe specified in the Service Agreement.
03. Fees, Retainer & Payment
3.1 — Service Fees
The Client agrees to pay the total fees for the Services as specified in the Service Agreement.
3.2 — Non-Refundable Retainer
A non-refundable retainer, as specified in the Service Agreement, is required to reserve the date and time of the Services. This retainer is not a deposit; it is a fee paid to the Company for reserving its services and forgoing other potential work for the specified date. This retainer is non-refundable under any circumstances, including but not limited to cancellation of the event by the Client.
3.3 — Payment Schedule
The remaining balance is due according to the payment schedule outlined in the Service Agreement. Services will not be rendered, and final products will not be delivered, until the full balance is paid.
3.4 — Late Payments
A grace period of 30 calendar days shall be provided after the invoice due date. If the full balance is not received by the end of this grace period, a late fee of 20% of the outstanding balance will be applied to the invoice.
04. Cancellation, Rescheduling & No-Shows
4.1 — Cancellation by Client
If the Client cancels the Services for any reason, the non-refundable retainer shall be forfeited as liquidated damages to the Company. If cancellation occurs within 30 days of the scheduled event date, the Client is responsible for the full balance of the Service Agreement.
4.2 — Rescheduling
If the Client requests to reschedule, the Company will make a reasonable effort to accommodate the new date, subject to availability. A rescheduling fee may apply. The non-refundable retainer will be transferred to the new date. If the Company is unavailable for the new date, the engagement will be considered canceled by the Client, and the retainer will be forfeited.
4.3 — Cancellation by Company
In the unlikely event that the Company is unable to perform the Services due to illness, injury, or other emergency, the Company will make a reasonable effort to secure a replacement of comparable skill. If a suitable replacement cannot be found, the Company's liability is limited to a full refund of all payments received from the Client, including the retainer.
05. Creative License & Artistic Style
The Client acknowledges that they are familiar with the Company's portfolio and are hiring the Company for its unique artistic vision and style. The Company will use its professional judgment and creative license to capture images, video, and audio. The Company's interpretation of the event, session, or recording and its artistic edits shall be deemed acceptable and final. Dissatisfaction with the Company's aesthetic judgment or artistic style is not grounds for a refund or refusal of payment.
06. Use of Artificial Intelligence
The Company may utilize artificial intelligence (AI) technologies as assistive tools in its workflow, including but not limited to image culling, initial color correction, creative editing, audio noise reduction, transcription, and content summarization. These tools are used to enhance efficiency and augment our creative process, not to replace our artistic judgment. The Company retains full artistic control and human authorship over the final delivered works to ensure they meet our stylistic and quality standards.
The Client acknowledges that the use of such assistive technology does not alter the Company's copyright ownership of the final works as outlined in these Terms.
07. Delivery, Editing & Archiving
7.1 — Delivery Timeline
The final edited images, videos, and/or podcast episodes will be delivered to the Client within the timeframe specified in the Service Agreement, typically 4-8 weeks from the event or recording date. Wedding projects may take up to 6 months to deliver. Podcast episodes are typically delivered on a per-episode basis according to the production schedule outlined in the Service Agreement.
7.2 — Editing
The Company will perform standard color correction and editing on the final images/videos and standard audio mixing, mastering, and editing on podcast episodes. The Client acknowledges that the number of final images/videos delivered and the final runtime of podcast episodes will be at the Company's discretion. Except for an expressly approved Raw Footage Handoff under Section 7.3, the Company does not deliver RAW or unedited files. Extensive retouching or re-editing requests are subject to an additional fee.
7.3 — Discretionary Raw Footage Handoff
A Raw Footage Handoff is a discretionary paid option, is not included in standard Services, and is not guaranteed. The Company may approve or decline a request in its sole reasonable discretion based on rights, privacy, participant consent, third-party restrictions, project scope, technical feasibility, and storage or delivery constraints. Availability must be confirmed in a written addendum, invoice, or Service Agreement.
If approved, pricing starts at $450.00 and includes up to 100 GB. Each additional 100 GB, or portion thereof, is $100.00. Files are provided ungraded and as shot, for personal non-commercial use only, with no culling, color correction, stabilization, audio mixing, noise reduction, or other post-production work unless separately stated in writing. The Client is responsible for compatible software, hardware, storage, and backup. The handoff download window is fourteen (14) calendar days beginning when the files are published and accessible to the Client.
7.4 — Archiving
The Company will maintain an archive of the delivered final files for one (1) year from the delivery date. After this period, the Company is not responsible for storing or maintaining the files. It is the Client's sole responsibility to download, backup, and preserve their files.
7.5 — Review Period & Download Window
Upon delivery of the final edited work, the Client shall have three (3) calendar days to review all submitted materials and notify the Company in writing of any concerns or discrepancies (the "Review Period"). Failure to provide written notice within the Review Period shall constitute the Client's acceptance and approval of all delivered work as final.
The Client shall have fourteen (14) calendar days to download delivered files from the Company's designated delivery platform (the "Download Window"). The Download Window begins when the files are published and accessible to the Client, not when they are first uploaded for internal preparation. Upon expiration of the Download Window, the Company may remove the files from active storage without further notice.
7.6 — Archive Retrieval Fee
If the Client requests retrieval of previously delivered files after the Download Window expires, the request is subject to a non-refundable $250.00 file recovery fee, payable in full before re-delivery. Payment does not guarantee recovery. The Company does not guarantee that archived files will remain available beyond the one (1) year archiving period.
08. Copyright & Usage Rights
8.1 — Copyright Ownership
All photographs, videos, audio recordings, podcast episodes, and other media created by the Company are the exclusive intellectual property of the Company and are protected by United States Federal Copyright Law. The Company shall retain the copyright in all materials in perpetuity.
8.2 — Client License
Upon full payment of the Service Agreement, the Company grants the Client a limited, non-exclusive, perpetual, worldwide license to use the delivered files for personal, non-commercial purposes only. This license allows the Client to:
8.3 — Prohibited Uses
The Client is expressly prohibited from selling, licensing, sub-licensing, or otherwise using the files for any commercial purpose without the prior written consent of the Company. This includes, but is not limited to, submitting the files to publications, contests, or for use by other commercial vendors. Unauthorized commercial use constitutes a breach of this agreement and an infringement of the Company's copyright.
- Display the files on personal websites and social media accounts (with credit to Reminiscent Road Media where practicable).
- Make prints for personal use and to share with family and friends.
- Share podcast episodes via personal social media for non-commercial promotion.
09. Model Release & Likeness Rights
This general model release does not apply to minor participants in podcast productions. See Section 11 (Provisions for Minor Participants) for specific consent requirements governing minors.
The Client hereby grants the Company the irrevocable and unrestricted right to use and publish photographs, videos, and audio recordings of the Client and all event or session participants for editorial, trade, advertising, and any other purpose and in any manner and medium, including but not limited to the Company's portfolio, website, social media channels, and promotional materials. The Client releases all claims to profits that may arise from the use of these materials.
Clients who wish to opt-out of this model release must do so via a written addendum to the Service Agreement, which may be subject to an additional fee.
10. Podcast Production Services
10.1 — Scope of Podcast Services
The Company's podcast production services may include, but are not limited to: pre-production planning and scheduling, multi-camera video recording, audio capture and mixing, post-production editing and mastering, graphic creation (thumbnails, episode art), show notes preparation, and distribution coordination. The specific services for each engagement are defined in the signed Service Agreement.
10.2 — Guest Appearances & Participant Releases
All podcast guests and participants must sign a Guest Release Form prior to the recording session. The Guest Release Form grants the Company the right to record, edit, and distribute the participant's voice, likeness, name, and biographical information in connection with the podcast. The Client is responsible for ensuring all guest releases are obtained prior to the recording date.
10.3 — Distribution & Syndication
The Client acknowledges that podcast episodes may be distributed across third-party platforms including, but not limited to, Apple Podcasts, Spotify, YouTube, Amazon Music, Google Podcasts, and other podcast directories and social media platforms. Once an episode is published and distributed, the Company cannot guarantee the complete removal of content from all third-party platforms, as each platform maintains its own content management policies.
10.4 — Content Approval
The Client shall have the opportunity to review and approve each podcast episode prior to public distribution, within the review timeline specified in the Service Agreement. If the Client fails to respond within the designated review period, the episode shall be deemed approved for distribution.
10.5 — Episode Takedown Requests
The Client may request the removal of a published episode by providing written notice to the Company. The Company will use commercially reasonable efforts to remove the episode from platforms under its direct control within fourteen (14) business days. The Company is not liable for cached, archived, or syndicated copies that remain on third-party platforms after removal from the Company's accounts.
11. Provisions for Minor Participants
The Company's productions may feature minor participants (e.g., youth athletes, student guests). The following provisions apply to all services involving individuals under the age of eighteen (18).
11.1 — Parental/Guardian Consent Required
Before any minor's personal data (including their name, likeness, voice, or performance information) is recorded, entered into the Company's production systems, or published, the Company requires written consent from the minor's parent or legal guardian using the Company's Minor Participation & Parental Consent Form. No recording involving a minor participant will proceed without a completed consent form on file.
11.2 — Age Restrictions
Under 13: Minors under the age of thirteen (13) are not permitted to create accounts on the Company's digital platforms. Their participation in productions is permitted only with parental/guardian consent and under the direct supervision of an authorized adult at all times during the recording session.
Ages 13-17: Minors aged thirteen to seventeen may access certain Company platforms (e.g., gallery viewing) only with verified parental/guardian consent and in compliance with the Company's Privacy Policy.
11.3 — Use of Aliases
The Company may use first names only or approved aliases for minor participants in published content, show notes, episode descriptions, and internal production systems to limit the exposure of minors' full legal names in publicly accessible media.
11.4 — Right to Withdrawal
A parent or legal guardian may withdraw consent for their minor's participation at any time by providing written notice to privacy@reminiscentroadmedia.com. Upon receipt of a withdrawal notice:
11.5 — COPPA Compliance
For participants under the age of thirteen (13), the Company complies with the Children's Online Privacy Protection Act (COPPA). The Company does not knowingly collect personal information from children under 13 through its digital platforms without verifiable parental consent. Audio and video recordings of minors under 13 are treated as personal information subject to enhanced protections as described in our Privacy Policy.
11.6 — On-Set Supervision
A parent, legal guardian, or designated responsible adult must be present during all recording sessions involving minor participants. The Company reserves the right to halt any recording session if a minor participant is not accompanied by an authorized adult.
- The Company will cease using the minor's likeness, voice, and personal data in future productions.
- The Company will use commercially reasonable efforts to remove or obscure the minor's presence from unpublished content.
- For content already published and distributed to third-party platforms, the Company will make reasonable efforts to remove the content but cannot guarantee complete removal from all syndicated copies.
- The Company will delete the minor's personal data from its production systems within forty-five (45) days, except where retention is required by law or necessary for the Company's legitimate legal interests.
12. Digital Platform & Production App
12.1 — Platform Description
The Company operates a digital production management platform (the "Platform") to facilitate project management, media review, client approvals, and delivery of Services. Access to the Platform may be provided to Clients and authorized users as part of the Services.
12.2 — Account Access & Age Verification
To access the Platform, including client galleries and project dashboards, users must:
12.3 — Acceptable Use
Users of the Platform agree to use it solely for its intended purpose of reviewing, approving, and managing production content. Users shall not attempt to access, download, or distribute content belonging to other clients, interfere with Platform operations, or use the Platform for any unlawful purpose.
12.4 — Data in the Platform
Information entered into the Platform, including participant names, roles, organizational affiliations, and production notes, is used exclusively for the purpose of managing and delivering the contracted Services. See our Privacy Policy for complete details on data collection, use, and retention.
12.5 — User-Directed Cloud Storage Transfers
The Platform may offer optional controls that let an authorized Client direct selected deliverables to the Client's own Dropbox or Google Drive account. These transfers occur only after the Client selects the files and initiates the provider's authorization or save flow. The Client is responsible for selecting the correct destination account, maintaining sufficient storage capacity, complying with the provider's terms, and preserving an independent backup.
Dropbox and Google are independent third-party services. The Company does not control their availability, account security, quotas, synchronization, retention, or deletion practices. A successful transfer means the provider accepted the selected files; it does not guarantee that every device has finished syncing. Copies stored in a third-party account remain under the account holder's control and are not automatically deleted when the Company's copy is removed.
- Confirm that they are at least thirteen (13) years of age.
- Acknowledge and agree to these Terms of Service and the Company's Privacy Policy.
13. Limitation of Liability & Indemnification
13.1 — Maximum Liability
In the event of any loss, damage, or failure to deliver the Services for any reason whatsoever, including but not limited to equipment failure, data loss, or negligence, the entire liability of the Company shall be limited exclusively to a full refund of all fees paid by the Client under the Service Agreement. The Client agrees that this limitation of liability is their sole and exclusive remedy.
13.2 — Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its owners, and employees from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of the actions of the Client, their guests, or their participants during the event, session, or recording.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance under the Service Agreement due to acts of God, war, terrorism, government-mandated shutdowns, pandemics, natural disasters, or other causes beyond the reasonable control of the party. In such an event, the parties will work in good faith to reschedule the Services.
15. Dispute Resolution & Governing Law
15.1 — Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
15.2 — Mediation
Any dispute arising from this Agreement shall first be submitted to non-binding mediation with a mutually agreed-upon mediator in Harris County, Houston, Texas. The parties shall share the cost of mediation equally.
15.3 — Jurisdiction
If mediation fails, any legal action shall be brought exclusively in the state or federal courts located in Harris County, Houston, Texas.
16. Non-Disparagement
The Client agrees not to make any false or disparaging statements, whether written or oral, about the Company or its services. This clause does not prevent the Client from posting truthful, factual reviews of their experience.
17. Entire Agreement & Modification
These Terms, together with the signed Service Agreement, the Company's Privacy Policy, and any applicable Minor Participation & Parental Consent Forms, constitute the entire agreement between the parties. No modification of this agreement shall be valid unless in writing and signed by both parties.