Terms & Conditions

OCT Productions, LLC ("OCT," "we," "us," "our")

Email: octprod.team@gmail.com
Website: https://octvideoproduction.com (and/or https://octvideoproduction.com/)

These Terms govern all quotes, statements of work ("SOW"), invoices, bookings, client portal activity, and services provided by OCT for beverage brand video production including pre-production, production, and post-production. By booking services, paying an invoice, or using the website/portal, Client agrees to these Terms.

If a signed SOW conflicts with these Terms, the SOW controls.

Table of Contents

1) Scope & Agreement

1.1 Scope

OCT produces beverage-focused commercial and social video content, including product commercials, brand films, and scroll-stopping social ads.

1.2 Confirmation

A project is confirmed only when Client (a) accepts a written quote/SOW and (b) pays the required deposit.

1.3 What you are not buying

Unless explicitly included in the SOW, OCT is not providing: marketing strategy, ad buying, guaranteed performance results, legal/regulatory compliance review, talent casting, or music licensing.

2) Fees, Deposits & Payment

2.1 Deposit

Unless stated otherwise, a 50% non-refundable deposit is due to secure dates and begin pre-production.

2.2 Balance

Remaining fees are due upon delivery approval and before release of final high-resolution files (or as stated in SOW).

2.3 Overages / Change Requests

Any Client-initiated changes or additions are billable at OCT's current rates and require written approval. Examples: additional shoot days, extra locations, new deliverables/cutdowns, additional runtime, new concept direction, reshoots, extra editing rounds, VFX/motion graphics additions, format versions, product swaps late in the process, etc.

2.4 Rush fees

Shortened timelines may incur rush fees and/or reduced revision capacity as stated in SOW.

2.5 Late payments

Past-due balances accrue the lesser of 1.5% per month or the maximum allowed by law. OCT may pause work and withhold delivery until paid. Client is responsible for reasonable collection costs and attorney fees (where permitted).

2.6 Chargebacks

Unauthorized chargebacks are a material breach. Client remains responsible for full payment. OCT may revoke usage rights until the dispute is resolved.

3) Cancellations, Postponements & Weather

3.1 Client cancellation

Deposit is non-refundable. If cancellation occurs within 7 days of the shoot, Client pays 100% of confirmed third-party costs and 50% of OCT's remaining fees (or as stated in SOW).

3.2 Postponement / rescheduling

If dates shift within 72 hours of the shoot, additional costs may apply (crew holds, locations, rentals, talent, permits, travel, etc.).

3.3 Force majeure

Neither party is liable for events beyond reasonable control (extreme weather, government action, illness, utility failure, etc.). New dates will be scheduled in good faith. Non-recoverable costs remain Client's responsibility.

4) Beverage-Specific Production Terms

(Read this or get burned later)

4.1 Product supply & continuity

Client must supply sufficient product units (and backup units) for filming, including multiples for spills, pours, condensation resets, crushed cans, label swaps, etc. If product runs out, the shoot may pause and additional costs apply.

4.2 Shipping, storage, refrigeration, and freshness

Client is responsible for product arriving on time and in usable condition (temperature, carbonation, packaging). OCT is not responsible for spoilage, leaks, delays from carriers, or product quality issues beyond reasonable handling.

4.3 Consumables are not returnable

Any opened/used product is considered consumed as part of production.

4.4 Hazards & allergens

Client must disclose any allergens, hazardous ingredients, or special handling requirements. Client is responsible for providing any required safety documentation and guidance.

4.5 Claims & compliance (FTC/FDA/Platform rules)

Client is solely responsible for the accuracy and compliance of all product claims and advertising disclosures (e.g., health/functional claims, endorsements, influencer disclosures, "results may vary," age gating where applicable, and platform ad policy compliance). OCT is not providing legal advice or compliance certification.

5) Client Responsibilities

5.1 Access & clearances

Client will secure access, permits, releases (location, talent/appearance, trademarks), and any required safety or union compliance unless OCT agrees in writing to handle.

5.2 Brand assets

Client warrants it owns or has licensed all assets supplied to OCT (logos, fonts, music, footage, packaging, trademarks) and will indemnify OCT against related claims.

5.3 Decision-maker + feedback speed

Client will provide a single point of contact and timely consolidated feedback per the SOW schedule. Multiple stakeholders giving conflicting notes is Client's problem; additional rounds become billable.

6) Revisions & Approval Process

6.1 Included revisions

Unless the SOW states otherwise:

• Commercials/brand videos: up to 2 rounds of editorial revisions
• Music videos: up to 3 rounds of editorial revisions

("Editorial" means adjustments to timing, selects, pacing, text, and minor creative tweaks—not a new concept.)

6.2 Extra revisions & re-edits

Additional rounds, concept changes, or re-edits after approval are billed at OCT's hourly/day rates.

6.3 Silence = approval

If Client provides no feedback within 7 days of a cut delivery, OCT may deem that cut approved and proceed toward final.

6.4 Approval lock

Once Client approves a concept, shot list, or edit direction, later "we changed our mind" requests are treated as Change Requests.

7) Turnaround, Shoot Day Boundaries & Overtime

7.1 Turnaround estimates

Turnaround times are estimates and depend on Client responsiveness, scope, and third-party factors. Standard delivery is typically ~2 weeks unless otherwise stated in the SOW.

7.2 Shoot day definition

Unless stated otherwise, a shoot day is up to 8 hours on site.

7.3 Overtime

Overtime is billable and may require crew approval. Overtime rates and minimums may be stated in the SOW or billed at OCT's then-current rates.

8) Deliverables, Formats & Delivery

8.1 Delivery method

Standard delivery is digital download links (e.g., MP4, ProRes) per SOW specs. Physical media and long-term hosting are not included.

8.2 Social cutdowns

Alternate aspect ratios/cutdowns (9:16, 1:1, multiple hook variants, etc.) are only included if listed in the SOW.

8.3 Archiving

OCT archives working files for 60 days after final delivery. Archival beyond that is not guaranteed unless contracted.

9) Intellectual Property & Usage Rights

9.1 Ownership

Unless explicitly stated otherwise, OCT retains ownership of all raw footage, project files, and working materials.

9.2 License to Client

Upon full payment, OCT grants Client a non-exclusive, worldwide, perpetual license to use the final delivered videos for the media and territories listed in the SOW.

9.3 Expanded usage

Use beyond the SOW terms (e.g., broadcast/OTT/theatrical, extensive paid media expansion, or other special usage) requires an upgraded license.

9.4 Raw footage

Not included by default. If licensed/sold, rates and delivery terms will be specified in an addendum.

9.5 Third-party rights

Music, stock, voiceover, talent usage, and templates are licensed only as specified in the SOW. Client is responsible for renewals unless OCT is retained to manage them.

9.6 Exclusivity (beverage category)

No category exclusivity is included unless stated in the SOW with an associated fee. If you want OCT not to work with competing beverage brands, you pay for that restriction.

10) Portfolio & Credits

Client grants OCT the right to display final deliverables and behind-the-scenes stills/clips in OCT's portfolio, reels, social channels, paid ads, and award submissions. If confidentiality/NDA is required, it must be agreed in writing before production and may affect pricing.

11) Talent, Safety & Insurance

11.1 Subcontractors

OCT may hire subcontractors/crew at its discretion.

11.2 Safety

Client agrees to maintain a safe set and comply with all laws and safety guidance.

11.3 Insurance

OCT carries standard production liability insurance; certificates available upon request. Client-required endorsements must be requested at least 5 business days prior to the shoot and may incur fees.

12) Warranties & Disclaimers

Services are provided "as-is." Creative outcomes are subjective. OCT disclaims all implied warranties to the fullest extent permitted by law. OCT does not guarantee outcomes such as views, conversions, ad performance, sales lift, SEO results, or engagement.

13) Limitation of Liability

To the maximum extent permitted by law, OCT's total liability for any claim shall not exceed the fees paid by Client for the specific SOW giving rise to the claim. OCT is not liable for indirect, incidental, special, or consequential damages (lost profits, loss of data, business interruption).

14) Indemnification

Client will defend, indemnify, and hold harmless OCT from claims, damages, and expenses arising out of: (i) Client materials/assets, (ii) lack of permissions/releases, (iii) Client's misuse of deliverables, (iv) Client's advertising claims/compliance failures, or (v) Client's breach of these Terms.

15) Confidentiality

Each party will keep the other's non-public information confidential and use it solely to perform under the SOW.

16) AI & Post-Production Tools

OCT may use industry-standard AI tools for noise reduction, cleanup, rotoscoping, color assistance, captioning, or temp concepting. OCT will not intentionally train custom models on Client's proprietary footage without written consent.

17) Client Portal, Forms & Site Use

OCT may use third-party tools for booking, forms, file delivery, and portal access. Client agrees not to attempt unauthorized access, share credentials improperly, upload malicious content, or interfere with OCT systems. OCT may suspend access for misuse.

18) Non-Solicitation

During the project and for 6 months thereafter, Client will not directly hire OCT's crew introduced by OCT without OCT's written consent or a buyout fee equal to 25% of the hired party's day rate (or as allowed by law).

19) Miscellaneous

No waiver is implied by delay. If any term is unenforceable, the remainder stays in effect. These Terms and the SOW are the entire agreement. OCT may update these Terms on its website; the version in effect at booking applies unless otherwise agreed in writing.

Contact

OCT Productions, LLC
Chicago, Illinois
Email: octprod.team@gmail.com
Website: octvideoproduction.com