Terms and Conditions

These Standard Terms of Service (“Terms”) apply to all offers, quotations, and sales of goods and/or services by Oh Just Peachy Studios (“OJP Studios”) to any purchaser or potential purchaser (“Client”). If OJP Studios and the Client have entered into a separate written contract regarding the sale of products or provision of services, these Terms shall apply to the extent they do not conflict with the terms of the separate agreement.

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1. Quotes

All quotations and proposals issued by OJP Studios are subject to change or withdrawal at any time prior to the signing of a formal agreement with the Client.

Estimates are provided for planning and budgeting purposes only and do not constitute a binding agreement.

OJP Studios will make reasonable efforts to work within the agreed budget but is not responsible for costs exceeding the estimate due to changes in project scope, unforeseen circumstances, or Client requests.

If project fees or expenses exceed the agreed amount by more than ten percent (10%), OJP Studios will obtain written approval from the Client before proceeding.

Any additional fees or expenses authorized orally by the Client shall be invoiced accordingly and are payable by the Client.

2. Conditions of Engagement

A signed agreement or written confirmation is required before any work begins. Both the Client and OJP Studios confirm that they have the legal authority to enter into this agreement and that it is binding and enforceable.

The first consultation is free and may be conducted via phone or email.

In-person consultations are subject to travel fees outside of Los Angeles County. After the initial consultation, all further consultations (in person, phone, or email) will be billed at $50/hour, with a one-hour minimum charge.

All billable services, including revisions, changes, and other hourly tasks, have a one-hour minimum charge.

Rush Jobs: Projects requiring expedited completion (sooner than initially agreed upon) or requiring work outside of regular business hours (10:00 AM – 6:00 PM) will incur a rush fee of 150% of standard rates.

If a rush job is requested, the Client must specify the deadline. OJP Studios will confirm whether the deadline can be met and if rush charges apply. If the Client requests work to be completed “ASAP,” OJP Studios will execute it as soon as scheduling allows, with rush fees applied accordingly.

3. Payment Terms

Project-Based Work:

A 33% initial payment of the estimated total project cost is required before work begins. Work will commence only after the initial payment has cleared.

Payments are accepted via cash, check, money transfer, or certified payment methods.

For flat-rate projects, a second installment of 33% is due upon delivery of the first draft, as outlined on a per-project basis. The final balance is due upon delivery of the completed work.

Invoices are issued monthly for services rendered and incurred costs. If major expenses arise during the project, the Client will be notified and expected to reimburse OJP Studios upon receipt of invoice, with receipts provided for transparency.

Final invoices are payable within fifteen (15) days of receipt. A 2% monthly service charge will be applied to overdue balances.

Monthly Retainer Clients:

Clients on a monthly retainer will be billed on a recurring basis at the start of each month, covering the agreed-upon scope of services.

Payment is due in full within fifteen (15) days of the invoice date.

Retainer agreements are structured as a fixed monthly fee, based on the estimated number of service hours or deliverables. Any additional work beyond the agreed retainer scope will be billed at standard hourly or project rates and must be approved in writing.

Unused hours do not roll over to the following month unless explicitly agreed upon in writing.

Clients may cancel a retainer agreement with 30 days’ written notice, and the final billing period will be prorated accordingly.

Late payments are subject to a 2% monthly service charge and may result in suspension of services until payment is received.

4. Cancellation of Orders

If the Client fails to respond to any request from OJP Studios for 30 consecutive days, the full remaining balance of the project becomes due immediately, regardless of project status.

The Client may not cancel an order unless the request is submitted in writing and OJP Studios confirms acceptance in writing.

Upon cancellation, the Client may be required to pay:

- The full sales value of any completed goods or services.

- The cost of any materials purchased by OJP Studios that cannot reasonably be repurposed.

- Any additional costs or liabilities incurred by OJP Studios due to the Client’s cancellation.

- Any extra costs or liabilities resulting from delays, miscommunications, or interruptions caused by the Client will be added to the final invoice and are payable by the Client.

5. Copyright and Ownership

1) Client-Provided Materials

The Client guarantees that any materials provided to OJP Studios for use in a project are either owned by the Client or that the Client has secured all necessary rights, including copyright and moral rights waivers, to permit their use. The Client agrees to indemnify and hold OJP Studios harmless against any claims arising from the use of such materials.

2) Intellectual Property & Usage Rights

All services and materials created by OJP Studios are for the exclusive use and benefit of the Client as well as for the promotional use of OJP Studios. Ownership of all intellectual property, including but not limited to raw footage, edited content, graphics, and other media, remains with OJP Studios until full payment has been received. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the final deliverables for their intended purposes.

3) Portfolio & Promotional Use

OJP Studios retains the right to use any footage, edits, and final work for portfolio, marketing, social media, and self-promotional purposes, including but not limited to its website, reels, and advertisements. If the Client requires restrictions on promotional use, they must request such terms in writing before project commencement, which may be subject to additional fees.

4) Credit & Branding

OJP Studios reserves the right to display its company logo at the end of the final Work and to be credited as Videographer, Creator, Producer, Musical Composer/Performer, and/or Editor, depending on the scope of work. A visible link to https://ojpstudios.com may be included in the final Work and any associated materials. While tagging OJP Studios on social media is encouraged, it is not required.

6. Non-Permitted Uses

A) Restricted Commercial

Use
The Client may not exercise any rights typically granted to a copyright owner under the Copyright Act for the purpose of direct monetary gain, including but not limited to resale, paid distribution, or licensing of the Work or raw materials without prior written consent from OJP Studios.

B) Re-Sale & Commercial Licensing

If the Client wishes to use the final Work or any raw materials for commercial resale, redistribution, or other revenue-generating purposes, they must obtain a resale license from OJP Studios. Licensing fees will be negotiated based on the scope of intended use.

C) Editing-Only Projects

This section does not apply when OJP Studios is engaged solely for editing services using Client-provided materials. In such cases, the Client retains all rights to their original footage, and no additional licensing from OJP Studios is required.

D) Videography Credit Requirement

When OJP Studios has filmed any portion of an event or project, a visible videography credit must be included in all publicly displayed or distributed versions of the final Work. For web-based displays, the credit must include a clickable link to https://ojpstudios.com and be formatted as:
“Videography provided by Oh Just Peachy Studios.”

7. Storage and Access

Oh Just Peachy Studios will retain and store all electronic files for a minimum of 90 days following the completion of the project. After this period, materials may be permanently deleted without prior notice to the Client.

If the Client requires storage beyond 90 days, a fee of $5 per month for up to 50GB will apply, with an additional $1 per month for each additional 10GB of storage needed.

Oh Just Peachy Studios is not liable for loss or destruction of materials due to hardware failure, system crashes, cloud storage failure, or other unforeseen circumstances.

The Client may request access to stored materials for review or retrieval. If retrieval incurs expenses, a reasonable de-archiving fee will apply.

8. Confidentiality

Both the Client and Oh Just Peachy Studios agree not to disclose or share any confidential or proprietary information without prior written consent.

The Client shall not copy, reproduce, or distribute any documents, specifications, or materials provided by Oh Just Peachy Studios for purposes outside of the contracted work.

9. Limitation of Liability & Indemnification

Oh Just Peachy Studios is not responsible for errors or omissions in work approved by the Client. The Client assumes full responsibility for final approval.

The Client agrees to indemnify, defend, and hold harmless Oh Just Peachy Studios from any claims, damages, liabilities, or expenses resulting from the use of any materials, content, or directives provided by the Client.

All Client property stored, handled, or transported by Oh Just Peachy Studios is at the Client’s own risk.

Oh Just Peachy Studios shall not be liable for delays, disruptions, or non-performance due to circumstances beyond its control, including supplier failures, legal restrictions, substantial cost increases, or force majeure events.

10. Amendments

Any modifications to this Agreement must be in writing and signed by both parties to be legally binding.

11. Dispute Resolution

The parties agree to first attempt to resolve disputes amicably within 30 days.

If unresolved, the dispute shall be submitted to mediation with a single mutually agreed-upon mediator. Mediation costs will be shared equally.

If mediation fails, either party may pursue legal action in a court of competent jurisdiction.

12. Interpretation and Validity

This Agreement shall be governed by the laws of the State of California, United States of America.

Any legal proceedings shall take place exclusively in the courts of Los Angeles, California.

13. Notices

All notices under this Agreement must be in writing and delivered to the respective parties at the provided addresses.

Notices sent via registered mail will be considered delivered on the fourth business day after mailing.

14. Successors and Assigns

This Agreement is binding upon and shall benefit the successors, assigns, heirs, and legal representatives of both parties.

15. Termination

The Client may terminate this Agreement immediately if the planned Work poses an unacceptable risk to the public or OJP Studios.

Either party may terminate this Agreement if:

- The Client is unable to secure legally required permits, licenses, or permissions.

- A legal opinion confirms that the Work is defamatory or violates applicable laws.

Termination must be provided in writing as per Section 13.

If the Agreement is terminated, the Client shall reimburse OJP Studios for all expenses incurred before termination.

Any fees already paid are non-refundable unless otherwise agreed in writing.