Chesser Media, LLC
Effective date: September 14, 2025
Contact: support@chessermedia.com
These Terms & Conditions (“Terms”) govern (A) your use of chessermedia.com (the “Site”) and (B) any quotes, statements of work, or service agreements you enter into with Chesser Media, LLC (“Chesser Media,” “we,” “us,” “our”). By using the Site, checking any box indicating acceptance, or signing a quote/SOW, you agree to these Terms.
A) Website Terms of Use
1) Permitted Use
Use the Site for lawful, informational purposes only. You agree not to scrape, copy at scale, reverse-engineer, interfere with security, or use the Site in a way that harms us or others. We may limit or suspend access for misuse.
2) Intellectual Property
All Site content—text, images, videos, graphics, code, and marks—is owned by Chesser Media or our licensors and protected by law. You may not reproduce, distribute, or create derivative works without prior written permission. Third-party embeds (e.g., video players) remain subject to their providers’ licenses and policies.
3) Third-Party Links & Embeds
The Site may link to or embed third-party services. We do not control or endorse them and aren’t responsible for their availability, content, or practices.
4) Privacy & Cookies
Your use of the Site is also governed by our Privacy Policy. The Site may use cookies or similar technologies for functionality, preferences, analytics, and security. You can adjust browser settings, but some features may not work without cookies.
5) Disclaimers
The Site is provided “as is” and “as available.” We disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6) Limitation of Liability
To the maximum extent permitted by law, Chesser Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data, arising from your use of the Site. Our total liability related to the Site will not exceed $100.
B) Service Terms (Projects & Engagements)
1) Scope, Quotes, and Changes
- Scope & Deliverables: Your quote/statement of work (“SOW”) defines services, deliverables, timeline, and budget.
- Estimates: Quotes are good-faith estimates based on info available and typically valid for 30 days unless stated otherwise.
- Changes: Work outside the SOW (additional concepts, extra shoot days, new formats/aspect ratios, rush requests, etc.) requires written approval and may affect schedule and fees.
2) Your Responsibilities
Provide timely information, access, approvals, and a single point of contact for consolidated feedback. You represent that you own or have rights to all materials you supply (e.g., logos, music, footage, images, copy) and that using them as directed will not infringe others’ rights.
3) Scheduling, Cancellations, and Delays
- Client Delay: If approvals, assets, or access are late, we may pause work and adjust timelines/fees.
- Cancel/Reschedule: If you cancel or reschedule confirmed production dates, you’re responsible for non-recoverable costs (e.g., crew holds, rentals, locations, travel) and any agreed cancellation fee.
- Force Majeure: Neither party is liable for delays due to events beyond reasonable control (e.g., severe weather, outages, government orders). We’ll work in good faith to reschedule.
4) Safety, Compliance, and Drone Work
We may refuse or pause work we consider unsafe or unlawful. Aerial/drone services are subject to applicable regulations and may be cancelled due to weather, airspace restrictions, or safety concerns, with liability limited to rescheduling or reasonable refunds of unused costs.
5) Talent, Music, and Third-Party Rights
Unless the SOW states otherwise, you are responsible for obtaining/approving talent releases, location permissions, music licenses, and other third-party rights. If we help procure licenses, you agree to the related terms, costs, and usage limits.
6) Production Logistics
Standard production hours, crew, and logistics are defined in the SOW. Overtime, specialty gear, added locations, travel days, per diem, mileage, tolls, parking, permits, shipping, and similar expenses are billable as specified (often at cost plus any agreed handling).
7) Post-Production, Reviews, and Acceptance
- Workflow: Review cuts/links are provided per the SOW (e.g., rough → fine → lock).
- Revisions: The SOW defines included revision rounds; additional rounds or major creative pivots not in scope are billed at our then-current rates.
- Acceptance: Deliverables are accepted upon your written approval or 10 days after delivery if you haven’t reported specific, material defects in writing.
8) Deliverables, Formats, and Storage
We deliver the final assets listed in the SOW (e.g., master video(s), aspect ratios, caption files, image sets). Project files, working files, and raw footage are not included unless expressly purchased/licensed in the SOW. We are not obligated to retain raw media or project files more than 30 days after final delivery unless a separate archival arrangement is purchased.
9) Intellectual Property & Portfolio Rights
- Client Materials: You grant us a limited license to use your materials solely to perform the services and deliver the agreed assets.
- Final Deliverables: Upon full payment, we grant you the license or assignment specified in the SOW for the final exported deliverables (not including project files/raws unless purchased). Usage limits (media, geography, term) apply as stated in the SOW.
- Our IP & Tools: We retain ownership of pre-existing IP, know-how, templates, color grades, LUTs, and workflows used to create deliverables.
- Portfolio Use: Unless restricted in your SOW or by NDA, you grant us a non-exclusive, royalty-free right to display finished work (and reasonable BTS stills) in our portfolio, website, social channels, case studies, reels, and award entries.
10) Payments
- Standard Structure: Commonly 50% to book (non-refundable once pre-production begins) and 50% at delivery/acceptance, or milestone billing as defined in the SOW.
- Due Dates & Late Fees: Invoices are due upon receipt unless otherwise stated. Past-due amounts may accrue late fees/interest and may pause work or delivery.
- Expenses: Pre-approved out-of-pocket costs are billable as agreed.
- Taxes/Fees: You’re responsible for applicable taxes, permits, and licensing fees noted in the SOW.
11) Warranties & Disclaimers
We warrant services will be performed in a professional manner consistent with industry standards. Except as expressly stated, services and deliverables are provided “as is.” We do not guarantee specific outcomes (e.g., sales, rankings, attendance, or leads).
12) Indemnification
Each party will indemnify, defend, and hold the other harmless from third-party claims arising from (a) its breach of these Terms, (b) its negligence or willful misconduct, or (c) materials it supplied without proper rights.
13) Limitation of Liability (Projects)
For any project, our aggregate liability is limited to the amounts you actually paid to us for that project. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits.
14) Confidentiality
Non-public information marked or reasonably treated as confidential will be protected and used only for the project. This obligation survives termination.
15) Independent Contractor; Subcontractors
We act as an independent contractor and may use qualified subcontractors/crew while remaining responsible for the work product.
16) Term and Termination
Either party may terminate for material breach if not cured within 10 days of written notice. You remain responsible for amounts due for work performed and non-recoverable costs incurred through termination.
17) Governing Law; Venue
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law rules. Exclusive venue lies in state or federal courts located in Fayette County, Kentucky.
18) Updates to These Terms
We may update these Terms periodically. The effective date will change when updates are posted. Material changes may be highlighted when reasonable.
19) Entire Agreement; Order of Precedence
These Terms, together with your SOW/Quote and any signed addenda or NDAs, form the entire agreement regarding the subject matter. If there is a conflict, your signed SOW controls for project-specific terms.
Questions?
Email support@chessermedia.com for questions about these Terms or your project.
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