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Terms of Use for Momentous Company

1. Introduction

These Terms of Use ("Terms") govern your use of services provided by Momentous Company ("we," "our," "us," or "Momentous"), located at 9209 Buckhaven Dr., Las Vegas, NV 89117. By engaging our services, you agree to these Terms in their entirety.


2. Services

2.1 Service Description

Momentous provides professional video production services, including but not limited to video filming, editing, and production ("Services").

2.2 Service Delivery

  • Project timelines and delivery schedules are determined based on project scope
  • Specific delivery dates will be outlined in individual project agreements
  • We reserve the right to adjust timelines based on project complexity and client responsiveness


3. Payment Terms

3.1 Deposits and Payment

  • One-off projects require an upfront deposit
  • Retainer services must be paid in advance
  • Remaining balances are due according to the payment schedule in your service agreement


3.2 Late Payments

  • Late payments will incur a penalty of up to 5% of the total project budget
  • We reserve the right to suspend services until outstanding payments are resolved
  • Recurring late payments may result in service termination


3.3 Cancellation and Refunds

  • Clients may cancel or pause services at any time
  • No refunds will be issued for services rendered or work completed
  • Deposits are non-refundable


4. Intellectual Property Rights

4.1 Ownership and Usage

  • Unless explicitly stated otherwise in writing, Momentous retains all rights to the final video content
  • Usage rights and restrictions are negotiated on a project-by-project basis
  • Terms of usage will be specified in individual project agreements


4.2 Portfolio Rights

  • Momentous retains the right to use all produced content for portfolio and marketing purposes
  • This includes but is not limited to website display, social media, and promotional materials
  • Client confidentiality requirements, if any, must be specified in writing


5. Revisions and Amendments

5.1 Review Process

  • Each project includes up to three (3) rounds of revisions
  • Additional revision requests may incur additional charges
  • Revision requests must be submitted in writing within the agreed-upon timeline


5.2 Change Orders

  • Significant changes to project scope require a written change order
  • Additional fees may apply to scope changes
  • Timeline adjustments may be necessary for substantial changes


6. Limitation of Liability

6.1 General Limitations

Momentous' liability shall be limited to the amount paid for services. We are not liable for:

  • Indirect, incidental, or consequential damages
  • Lost profits or business opportunities
  • Data loss or corruption


6.2 Specific Limitations

We are not liable for service interruptions or failures due to:

  • Equipment malfunctions or technical difficulties
  • Weather-related issues affecting production
  • Lost or damaged footage
  • Circumstances beyond our reasonable control


7. Client Responsibilities and Compliance

7.1 Essential Responsibilities

Clients agree to:

  • Provide necessary materials and information in a timely manner
  • Review and approve materials within agreed-upon timeframes
  • Ensure accuracy of provided content and information
  • Attend scheduled meetings and filming sessions
  • Respond to project-related communications within 48 business hours
  • Make team members available for necessary consultations
  • Provide feedback in clear, actionable format
  • Maintain active communication throughout the project


7.2 Access and Permits

Clients are responsible for:

  • Securing necessary locations and permits for filming
  • Obtaining required releases from participants
  • Ensuring safe and appropriate access to filming locations
  • Providing parking information and facility access
  • Notifying relevant personnel of filming schedules
  • Arranging necessary security clearances
  • Managing location-specific requirements or restrictions


7.3 Content and Materials

Clients must:

  • Provide all required brand assets and guidelines
  • Ensure they have rights to use all provided materials
  • Submit content in specified formats and resolutions
  • Verify accuracy of scripts and other content
  • Obtain necessary trademark and copyright clearances
  • Secure talent releases and permissions


7.4 Technical Requirements

Clients are responsible for:

  • Providing files in specified formats
  • Ensuring adequate internet connectivity for virtual meetings
  • Maintaining backups of provided materials
  • Meeting minimum technical specifications for virtual production
  • Providing access to necessary systems or platforms


7.5 Consequences of Non-Compliance

Failure to meet these responsibilities may result in:

7.5.1 Project Delays
  • Extended delivery timelines
  • Rescheduling of production dates
  • Missed target launch dates
  • Additional production costs


7.5.2 Additional Costs
  • Fees for cancelled or rescheduled shoots
  • Charges for extended project timelines
  • Costs for rush services to meet original deadlines
  • Additional editing or revision fees
  • Storage fees for extended project duration


7.5.3 Quality Impact
  • Compromised production value
  • Limited revision opportunities
  • Reduced scope of deliverables
  • Simplified production approaches


7.5.4 Legal and Administrative Consequences
  • Project suspension until requirements are met
  • Termination of services
  • Forfeiture of deposits
  • Additional legal documentation requirements
  • Mandatory project restructuring


7.6 Remediation

In the event of client non-compliance:

  • Momentous will provide written notice of the issue
  • Client has 5 business days to remedy the situation
  • Failure to remedy may trigger consequences listed above
  • Multiple instances of non-compliance may result in service termination


8. Confidentiality

Both parties agree to:

  • Maintain confidentiality of business information
  • Protect proprietary information and trade secrets
  • Use confidential information only for project purposes


9. Termination

9.1 Termination Rights

  • Either party may terminate services with written notice
  • Momentous may terminate services for non-payment
  • Outstanding balances remain payable upon termination


9.2 Post-Termination

  • All completed work remains property of Momentous unless otherwise agreed
  • Confidentiality obligations survive termination
  • Usage rights must be renegotiated post-termination


10. Force Majeure

10.1 Definition

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to:


  • Natural disasters or severe weather conditions
  • Pandemic or epidemic
  • Government actions or orders
  • War, civil unrest, or terrorism
  • Labor disputes or strikes
  • Major equipment or facility breakdowns
  • Cyber attacks or system failures
  • Fire or other casualties
  • Utility or telecommunication failures


10.2 Obligations During Force Majeure

In the event of a force majeure:


  • The affected party shall promptly notify the other party in writing
  • Parties shall work together to minimize service disruption
  • Project timelines shall be extended by the duration of the event
  • If the event continues for more than 60 days, either party may terminate the agreement


11. Dispute Resolution

11.1 Initial Resolution

  • Parties agree to first attempt to resolve any disputes informally through direct negotiation
  • Any party raising a dispute must provide written notice describing the nature of the dispute
  • Parties shall meet within 14 days of the notice to attempt resolution


11.2 Mediation

If informal resolution fails:

  • Parties agree to submit to mediation before pursuing litigation
  • A neutral mediator shall be selected by mutual agreement
  • Mediation costs shall be shared equally unless otherwise agreed
  • Mediation shall take place in Las Vegas, Nevada


11.3 Arbitration

If mediation fails:

  • Disputes shall be resolved through binding arbitration
  • Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association
  • Arbitration shall take place in Las Vegas, Nevada
  • The arbitrator's decision shall be final and binding
  • Each party shall bear its own costs unless the arbitrator rules otherwise


11.4 Exceptions

The following matters may bypass mediation/arbitration:

  • Intellectual property disputes
  • Requests for injunctive relief
  • Collection of undisputed payments
  • Breach of confidentiality provisions


12. Governing Law

These Terms are governed by Nevada law. Any disputes shall be resolved in Las Vegas, Nevada, according to the dispute resolution procedures outlined above.

13. Contact Information

For questions about these Terms, contact us at:

Email: alex@bemomentous.co

Phone: (725) 525-1926

14. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website or written notification.