Colegrove Media provides film, photography, design, marketing, and creative services (collectively, "Services"). By engaging Colegrove Media's services, you agree to be bound by the following terms and conditions (the "Agreement"). This Agreement, combined with your signed project contract or proposal, governs the relationship between Colegrove Media and you and/or your company (collectively, "Client").
Clients engage Colegrove Media's services by signing a project contract or proposal, which defines the scope, deliverables, timeline, and cost of the engagement.
Revisions are intended for adjustments and refinements within the agreed scope — not for changes to the project's overall vision, direction, or objectives. Revision rounds beyond those specified in the proposal may be subject to additional fees billed at the hourly rate. Requests for updates or changes after final delivery are considered a new scope of work.
Payment in full is due within 30 days of delivery of the agreed-upon deliverables, unless otherwise specified in the project contract.
Should the Client fail to remit payment within this period, Colegrove Media reserves the right to discontinue, suspend, or revoke access to any deliverables or ongoing services. Delinquent accounts will be responsible for the outstanding balance plus any fees incurred in pursuing collection, including but not limited to collection agency fees, reasonable attorney fees, and court costs.
Accepted payment methods include Credit/Debit Card, ACH Transfer, PayPal, Venmo, Cash, and Check.
A rush project is defined as any engagement requiring delivery in a timeframe significantly shorter than the initially quoted production schedule.
Clients may cancel any project by providing written notice prior to the scheduled start date at no penalty.
If cancellation occurs after work has commenced, the following tiered cancellation fees apply:
The percentage of completion will be determined by Colegrove Media based on time invested, resources allocated, and deliverables produced to the date of cancellation notice.
Colegrove Media reserves the right to terminate a project if the Client is in breach of this Agreement or if continued engagement is no longer feasible. In such cases, the Client will be invoiced for all work completed to date.
Upon receipt of full payment, the Client is granted perpetual, worldwide, unlimited, and non-exclusive rights to use the deliverables produced by Colegrove Media for any lawful purpose.
Colegrove Media retains the right to display work produced for the Client in its portfolio and for promotional or marketing purposes, unless otherwise agreed upon in writing. Raw files, project source files, and unedited footage remain the property of Colegrove Media unless explicitly included in the project contract.
The Client is responsible for obtaining all necessary rights, releases, and consents from individuals who appear in or are otherwise relevant to the content produced — including models, actors, talent, and property owners (collectively, "Participants"). This includes authorization for Colegrove Media to use their likeness, image, voice, and performance as required to deliver the Services.
Colegrove Media may provide release form templates as a courtesy. However, Colegrove Media shall not be held liable for any claims, disputes, or legal actions arising from the Client's failure to obtain the necessary permissions. The Client agrees to indemnify and hold harmless Colegrove Media from any liabilities, losses, or expenses resulting from such failure.
Both parties agree to maintain the confidentiality of all proprietary or sensitive information disclosed during the term of this Agreement. Confidential information includes any materials or data the disclosing party designates as confidential or that a reasonable person would understand to be confidential given the context of disclosure.
This obligation survives the termination of this Agreement.
Any data collected in connection with the provision of Services — including names, email addresses, and project details — is used solely to deliver and improve those Services. Colegrove Media is committed to protecting your information from unauthorized access, disclosure, or misuse. Your data will not be sold, rented, or voluntarily shared with third parties except as required by law.
The Client is responsible for ensuring the accuracy, legality, and appropriateness of all content, materials, and information provided to Colegrove Media for use in the Services.
Colegrove Media makes no warranty that the Services will be uninterrupted or error-free. All Services are provided "as-is." Colegrove Media disclaims all express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
In the event Colegrove Media is unable to deliver agreed Services due to equipment malfunction, media corruption, data loss, illness, or other circumstances beyond its reasonable control, Colegrove Media's sole obligation shall be to refund fees paid for the undelivered portion of the project. Colegrove Media shall not be liable for any costs, losses, or damages beyond the fees paid for the affected deliverables. This includes, without limitation, costs associated with re-staging events, rebooking talent, travel, or any downstream business losses.
The Client agrees to indemnify, defend, and hold harmless Colegrove Media and its principals from any claims, liabilities, damages, losses, and expenses — including reasonable attorney fees — arising from or relating to: (i) the Client's use of the deliverables; (ii) the Client's violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (iii) any content or materials supplied by the Client.
To the fullest extent permitted by law, Colegrove Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, loss of data, or loss of goodwill — arising from or related to the Services, regardless of the theory of liability and whether or not Colegrove Media has been advised of the possibility of such damages.
This limitation applies to damages resulting from: (i) access to or inability to access the Services; (ii) conduct or content of any third party; (iii) the operation of cameras, drones, lighting, or other production equipment; (iv) unauthorized access to or alteration of Client transmissions or content; or (v) any professional error, omission, or failure to perform, including but not limited to missed shoots, corrupted or lost media, incomplete deliverables, or failure to capture specific moments or content.
Colegrove Media's total liability to the Client for any and all claims arising under this Agreement — including claims arising from professional errors or omissions — shall not exceed the total fees paid by the Client for the specific project giving rise to the claim. This cap applies regardless of the form of action, whether in contract, tort, or otherwise.
The Client acknowledges that this limitation of liability is a material and bargained-for element of this Agreement, and that Colegrove Media would not enter into this Agreement without it. The fees charged by Colegrove Media reflect and are set in reliance on this limitation.
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Services provided hereunder, the parties agree to first attempt resolution through good-faith negotiation. Either party may initiate this process by delivering written notice describing the dispute in reasonable detail.
If the dispute is not resolved within 30 days of such written notice (or such longer period as mutually agreed), the parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator in Gallatin County, Montana, prior to initiating any litigation. The costs of mediation shall be shared equally by the parties.
Nothing in this section prevents either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
Any claim or cause of action arising out of or related to this Agreement or the Services must be brought within one (1) year after the claim or cause of action accrues, regardless of any statute of limitations to the contrary. The Client agrees that failure to bring a claim within this period constitutes a waiver of that claim. This limitation applies to all claims, including those arising from professional errors, omissions, property damage, or breach of contract.