Terms of Service

By accessing or using the services provided by Leary Studios through our website, www.learystudios.com, you agree to be bound by the following terms and conditions.

Scope of Terms

These terms and conditions will apply to all services provided by Leary Studios to you, whether outlined in the contract or otherwise. These terms, along with the contract and quotation, constitute the entire agreement between you and Leary Studios and will supersede any prior or contemporaneous agreements or understandings, whether oral or written. By entering into this agreement, you confirm that you have not relied on any other representations or statements not specifically included in these terms of service.

Service Delivery

Our service will be provided in accordance with the contract established at the beginning of the project, which may include in-person concept meetings or written proposals.

The estimated time frame for completion of the service is an approximation and timeliness is not a guarantee.

We will provide you with a single original copy of the production. Should you require additional copies, additional charges will apply. A separate quote for the production of additional copies will be provided upon request.

Approval and Modifications

Changes to the contract or additional work performed that is not specified in clause 5 will be billed at the standard daily rate. This includes modifications made due to:

Misleading or inaccurate information provided by the client during contract drafting.

The client's failure to obtain the necessary consent from third parties or employees for the service.

Major changes to the original contract.

Variations or edits to the original plan that were not initially agreed upon, such as shorter edits or specific website versions.

The service will be provided in stages as agreed, if applicable. Any modifications to the service at each stage must be in accordance with the contract. Once the final version is completed, the "Three Hour Rule" will be applied, where any changes or revisions to the final version that take less than three man-hours will not result in additional charges.

Payment​

If payment is overdue or if the client fails to fulfill the obligations outlined in this agreement, we reserve the right (without limiting any other rights or remedies available to us) to halt or postpone the delivery or completion of this agreement, and we will not be responsible for any damages the client may incur as a result of the application of this clause. Until payment has been received, we have the right to retain any materials provided by the client to us.

The terms of payment will be outlined in the quotation or contract. In instances where they are not specified, payment is due 14 days after the invoice date. Any unpaid balances may incur a 3% interest per month, and any fees associated with recovering payment will be billed to the Client.

Payment must be made in US dollars

We reserve the right to apply any payment received from the client towards the satisfaction, either in full or in part, of any outstanding debt owed by the client to us.

Payment must be made in full without any deductions for discounts, offsets, or reductions.

​Safety, Cancellation, and Insurance

​When the shoot takes place at the client's premises or a location designated by the client, the client is responsible for ensuring that the location is safe and that adequate insurance is in place.

​If a client cancels or postpones a shoot more than 2 business days before the crew call time, the client may be eligible for a refund minus a $350 service fee and any applicable bank or credit card charges.

​If a client cancels or postpones a shoot 2 business days before the crew call time, the client is responsible for paying 50% of the total cost of the shoot plus any applicable bank or credit card charges.

​If a client cancels or postpones a shoot within 1 business day of the crew call time, the client is responsible for paying 100% of the total cost of the shoot, plus any applicable bank or credit card charges and no refunds will be issued.

​The client must provide written notification of any cancellations or postponements.

​Leary Studios Copyright Policy

​At Leary Studios, we take copyright seriously and strive to ensure that all parties involved in the production of our videos are treated fairly. Our policy is as follows:\

​The clients hereby grant Leary Studios a royalty-free license to utilize all copyright in the videos produced by us for our own promotional purposes, such as on our website and in marketing materials, unless otherwise agreed upon in a signed contract.

​Any original design concepts, such as logos, themes, plans, and models, created by Leary Studios during the production process, together with all copyright in any music used in the videos, shall remain vested in Leary Studios and shall be made available to the clients on a license basis. The clients shall only be permitted to use such material and design concepts for the purpose identified in the contract.

​Leary Studios shall not use any copyrighted material in our videos without obtaining the necessary permissions and licenses. We expect our clients to also obtain the necessary permissions and licenses for any copyrighted material provided by them for use in our videos.

​Leary Studios reserves the right to terminate or refuse service if a client is found to be in violation of copyright laws.

Any disputes regarding copyright shall be resolved through negotiations and, if necessary, through legal means.

This policy is subject to change without notice and clients are encouraged to review it periodically.

Leary Studios Storage Policy

At Leary Studios, we understand the importance of properly storing the media we produce on behalf of our clients. Our storage policy is as follows:

All footage captured during production shall be securely stored in high-speed hard drives at our studio.

 The footage shall be retained on password-protected computer systems at our studio until the completion of the post-production process.

Following the completion of a beta edit, the footage shall be provided to the client and kept by Leary Studios for 30 days. After that time, the footage shall be deleted permanently and the client shall be the sole holder of a copy.

 If a client requires additional copies of footage prior to the 30-day period, they can be ordered for a fee.

We strongly encourage our clients to make backup copies of the footage provided to them.

Warranties and Limitations of Liability

Leary Studios warrants that the services provided under this agreement will be performed in a professional and skilled manner, in accordance with industry standards.

Exclusions of Liability: Leary Studios shall not be held liable for any failure to perform its obligations under this agreement if such failure results from acts of God, war, civil unrest, or any other cause beyond the reasonable control of Leary Studios.

Limitations of Liability: In the event of any liability arising out of or in connection with this agreement, including but not limited to contract, tort (including negligence), breach of statutory duty, the total liability of Leary Studios shall be limited to the total amount paid by the client to Leary Studios under this agreement.

Indemnification: The client shall indemnify and hold harmless Leary Studios and its employees and agents from and against all claims, damages, and expenses arising out of or in connection with the use of the services provided under this agreement.

Limitation of Liability: Leary Studios shall not be held liable for any indirect or consequential loss, loss of profits, revenue or goodwill, or loss of data or information howsoever arising.

Reasonable and Fair Limitations of Liability: The client acknowledges and agrees that the exclusions and limitations of liability set out in this clause are reasonable and fair in the circumstances and that, for this clause, Leary Studios would not have entered into this agreement without such limitations. The client understands that these limitations are in place to protect Leary Studios and its employees from excessive financial losses and that the services provided are offered at a reasonable cost reflecting these limitations.

Assignment

The client shall not assign or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of Leary Studios.

Leary Studios may, at its sole discretion, assign or subcontract any or all of its rights and obligations under this agreement to a third party, provided that such assignment or sub-contracting does not materially adversely affect the rights of the client under this agreement.

The client acknowledges and agrees that any assignment or sub-contracting of Leary Studios' rights and obligations under this agreement shall not relieve Leary Studios of any of its obligations and liabilities under this agreement.

The client and Leary Studios agree that any and all notices and communications provided for in this agreement shall be deemed effectively given and received if in writing and sent via registered mail, or email.

Severance

If any provision of these terms and conditions is deemed invalid, illegal, or unenforceable, the remaining provisions will still be valid and enforceable.

Any provision that is deemed invalid, illegal, or unenforceable will be interpreted or modified to the minimum extent necessary to make it valid, legal, and enforceable while still achieving its original intent.

If any provision of this agreement cannot be modified to be valid, legal, and enforceable, it will be severed from the agreement.

The severability of any provision of these terms and conditions shall not affect the validity and enforceability of any other provision of these terms and conditions.

Waiver 

The failure of Leary Studios to enforce any provision of this agreement shall not be deemed a waiver of that provision or of the right to later enforce that provision.

 A waiver by Leary Studios of any breach of this agreement shall not be deemed a waiver of any subsequent breaches of the same or any other provision of this agreement.

Any waiver by Leary Studios of any rights or remedies under this agreement must be in writing and signed by an authorized representative of Leary Studios.

A waiver by Leary Studios of any rights or remedies under this agreement shall not limit the rights and remedies of Leary Studios under any other provision of this agreement.

Applicable Law

This agreement shall be governed by and construed in accordance with the laws of the State of [ insert state ], without giving effect to any principles of conflicts of law.

Any dispute arising out of or related to this agreement, including any question regarding its existence, validity, termination, or breach shall be resolved through good faith negotiations between the parties.

If the dispute cannot be resolved through negotiation, it shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

The arbitration will take place in the city of [insert city ] and will be conducted in the English language.

The arbitration award will be final and binding on the parties and may be enforced in any court of competent jurisdiction.

The parties agree to submit to the personal jurisdiction of the courts located within the State of Wisconsin for the purpose of enforcing any arbitration award or for any other purpose related to this agreement."

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