Terms & Conditions

The specific scope of work, deliverables, production schedule, pricing, and other project-specific terms will be outlined in the applicable proposal, invoice, statement of work, or written agreement between WeCapture Media and the Client.

Any services or deliverables outside the agreed-upon scope may require additional fees and/or an adjusted production timeline.

Deliverables may be modified from the initial agreement when mutually discussed and agreed upon by WeCapture Media and the Client.

Upon receipt of all amounts owed for the applicable project, the Client will have the right to use the final, delivered media produced specifically for the Client, subject to any limitations stated in the applicable agreement.

Final deliverables may include edited photographs, edited videos, graphics, or other completed media specifically identified as deliverables.

Unless otherwise agreed in writing, the Client's rights apply to final delivered materials only and do not automatically include raw footage, project files, unused photographs, editing timelines, source files, working files, or other production materials.

Unless specifically included in the Client's agreement, raw footage, unedited photographs, source files, project files, working files, editing timelines, and unused content are not considered Client deliverables.

WeCapture Media retains control of these materials and is under no obligation to distribute, transfer, archive, or otherwise provide them to the Client unless previously agreed upon in writing.

Requests for raw footage, project files, or other source materials may be subject to additional fees.

Unless otherwise agreed to in writing before production, WeCapture Media may display final work created for the Client for its own portfolio, website, social media, sales presentations, advertising, case studies, awards, internal training, and other promotional purposes.

Any confidentiality or non-publication requirements must be communicated and agreed upon in writing before the applicable production.

The Client is responsible for obtaining any necessary permissions, authorizations, location releases, employee releases, patient/customer releases, talent releases, or other consents required for individuals, locations, trademarks, or materials that the Client requests WeCapture Media to capture or incorporate into the project.

WeCapture Media may provide release forms as a convenience, but the Client remains responsible for determining whether appropriate consent has been obtained for the Client's intended use of the content.

The Client represents that any logos, photographs, music, copy, graphics, trademarks, or other materials supplied by the Client may legally be provided to and used by WeCapture Media for the project.

Any production, editing, or delivery timeline provided by WeCapture Media is a good-faith estimate unless a specific delivery deadline has been expressly guaranteed in writing.

WeCapture Media is not responsible for delays resulting from circumstances outside its reasonable control, including but not limited to:

• Client, employee, staff, talent, or participant lateness or unavailability;
• Restricted or unavailable filming areas;
• Changes in location access;
• Weather conditions;
• Traffic or transportation delays;
• Building or venue restrictions;
• Contractor or vendor delays;
• Equipment or utility interruptions;
• Client-requested changes;
• Delayed Client approvals or feedback;
• Delayed delivery of information or materials from the Client;
• Emergencies, illness, accidents, or unforeseen production circumstances; or
• Other events reasonably outside WeCapture Media's control.

Any such delay may result in an adjusted production or delivery timeline without constituting a breach by WeCapture Media.

The Client is responsible for ensuring that locations, staff, participants, products, spaces, and other materials required for production are reasonably prepared and available at the agreed-upon production time.

If production is delayed, shortened, interrupted, or otherwise affected because the Client or Client's representatives are not prepared or available, WeCapture Media will not be responsible for any resulting reduction in the quantity or variety of content captured.

Additional production time, return visits, reshoots, or additional editing required as a result may be billed separately.

Cancellations made within 48 hours of the scheduled production time are not eligible for a refund of amounts paid toward the scheduled production.

Deposits, retainers, and other amounts specifically designated as non-refundable are non-refundable regardless of cancellation date unless otherwise stated in writing.

Rescheduling requests are subject to WeCapture Media's availability and may be subject to a rescheduling fee.

If a production must be rescheduled because of circumstances outside WeCapture Media's reasonable control, the parties will work in good faith to select a replacement date.

If the Client fails to appear, provide access, or make the agreed-upon location or necessary participants available at the scheduled production time, the production may be treated as a same-day cancellation.

Any additional production date required may be billed separately.

Production time begins at the agreed-upon scheduled start time unless otherwise agreed in writing.

Client, staff, talent, venue, or location delays do not automatically extend the scheduled production period.

If WeCapture Media is able to extend production beyond the originally scheduled period, additional time may be subject to additional fees.

The Client acknowledges that photography, videography, editing, storytelling, and content creation are creative services.

Unless specific requirements have been agreed upon in writing, WeCapture Media retains reasonable creative discretion regarding filming techniques, shot selection, composition, lighting, editing, pacing, music selection, color grading, storytelling, and overall creative execution.

References, inspiration, mood boards, examples, or previous work provided by the Client are intended to communicate creative direction and do not constitute a guarantee that the final product will exactly replicate another piece of content.

The number of revisions included in a project will be determined by the applicable proposal, invoice, or agreement.

Requests outside the included revision scope—including significant creative changes, re-edits, changes after final approval, or requests that materially differ from the original creative direction—may be billed as additional work.

Revision requests may also extend the estimated delivery timeline.

The Client is responsible for reviewing deliverables and providing clear, consolidated feedback within a reasonable period.

Once the Client has provided final approval of a deliverable, any subsequent changes may be treated as additional work and may require additional fees.

WeCapture Media is not responsible for errors or issues that were specifically approved by the Client or introduced through information, instructions, spelling, names, claims, pricing, or other materials supplied by the Client.

Final deliverables may be provided through a third-party file-sharing, cloud storage, gallery, or project-management platform.

The Client is responsible for downloading and securely storing final deliverables after delivery.

Unless otherwise agreed in writing, WeCapture Media does not guarantee permanent archival or storage of raw footage, source files, or final deliverables after a project has been completed.

WeCapture Media may delete or archive project materials at its discretion after final delivery. Clients should maintain their own backups of all delivered materials.

WeCapture Media is not responsible for interruptions, data loss, account restrictions, compression, algorithm changes, platform outages, content removals, copyright flags, or changes caused by third-party services or platforms, including social media platforms, cloud storage providers, website providers, or file-delivery services.

Certain deliverables may incorporate licensed music, stock media, fonts, templates, graphics, or other third-party materials.

Such materials remain subject to the applicable third-party licenses and are not transferred to the Client beyond the rights permitted by those licenses.

WeCapture Media does not represent that third-party assets may be separately extracted, redistributed, sublicensed, or reused outside the final deliverable.

All invoices must be paid according to the payment terms stated on the applicable invoice, proposal, or agreement.

WeCapture Media may pause production, editing, revisions, delivery, or future services while an account has an outstanding balance.

Unless otherwise agreed in writing, final deliverables may be withheld until all amounts associated with the project are paid in full.

Any costs resulting from Client-requested additions or changes to the original scope may be invoiced separately.

Requests for additional filming, photography, editing, revisions, locations, production time, talent, equipment, travel, expedited delivery, or other services outside the original scope may result in additional charges.

WeCapture Media will make reasonable efforts to communicate material scope or pricing changes before completing substantial additional work.

A Client's preference for different creative choices after production does not automatically entitle the Client to a complimentary reshoot.

If a reshoot is requested because of changes in Client preference, unavailable staff, Client preparation, location issues, wardrobe, appearance, Client-provided information, or circumstances outside WeCapture Media's reasonable control, additional production fees may apply.

If a reshoot is required solely because of a material production failure caused by WeCapture Media, WeCapture Media may, at its discretion, provide a reasonable corrective solution.

WeCapture Media provides creative and production services but does not guarantee any particular level of views, engagement, followers, leads, sales, revenue, bookings, website traffic, advertising performance, search ranking, or other business outcome from the use of delivered content.

Marketing performance depends on numerous factors outside WeCapture Media's control.

WeCapture Media takes reasonable precautions to protect captured media and production files. However, no digital storage, equipment, or technology is completely immune from malfunction, corruption, theft, damage, or loss.

In the unlikely event of an unrecoverable technical failure or loss, WeCapture Media's responsibility will be subject to the limitation of liability provisions below and the specific circumstances of the project.

WeCapture Media reserves the right to stop, postpone, relocate, or refuse production when WeCapture Media reasonably determines that a location, activity, instruction, or environment presents an unsafe condition for its team, equipment, contractors, talent, or others.

The Client is responsible for disclosing known material hazards or restrictions associated with a production location before filming.

WeCapture Media will not be liable for failure or delay in performing its obligations due to events beyond its reasonable control, including severe weather, natural disasters, fire, flood, acts of government, labor disruptions, widespread transportation interruptions, power or internet outages, public emergencies, epidemics, civil unrest, or similar unforeseen events.

Where reasonably possible, WeCapture Media and the Client will work together to reschedule or modify the affected services.

WeCapture Media may use employees, independent contractors, photographers, videographers, editors, producers, designers, assistants, or other production partners to perform portions of the services.

WeCapture Media retains discretion regarding the assignment of its production team unless a specific individual has been expressly guaranteed in writing.

To the maximum extent permitted by applicable law, WeCapture Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, reputational harm, or loss of anticipated marketing results arising from the services or delivered content.

To the maximum extent permitted by applicable law, WeCapture Media's aggregate liability arising from a particular project will not exceed the amount actually paid by the Client to WeCapture Media for the specific services giving rise to the claim.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by law.

To the extent permitted by law, the Client agrees to indemnify and hold harmless WeCapture Media, LLC and its members, employees, contractors, and representatives from third-party claims, damages, liabilities, and reasonable costs arising from materials, instructions, representations, locations, permissions, or content supplied or authorized by the Client, including claims relating to intellectual property infringement or failure to obtain necessary permissions or releases.

This provision does not require the Client to indemnify WeCapture Media for liability resulting solely from WeCapture Media's own unlawful conduct to the extent such indemnification is prohibited by applicable law.

WeCapture Media will use reasonable care with non-public information specifically identified by the Client as confidential.

Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully obtained from another source, or required to be disclosed by law.

Any project requiring heightened confidentiality, an embargo, HIPAA-related obligations, or other specialized privacy requirements must be addressed through a separate written agreement where applicable.

Unless otherwise provided in a separate written agreement, these Terms and any dispute arising from services provided by WeCapture Media will be governed by the laws of the State of New York, without regard to conflict-of-law principles.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

These Terms, together with the applicable proposal, invoice, statement of work, and any separately executed written agreement, constitute the terms governing the applicable services.

If a separately signed written agreement expressly conflicts with these Terms, the signed agreement will control with respect to that conflict.

WeCapture Media may update these Terms from time to time. Updated Terms will apply prospectively from their effective date and will not retroactively alter the material terms of a previously executed agreement unless agreed to by the parties.

Questions regarding these Terms and Conditions may be directed to WeCapture Media, LLC through the contact information provided on our website.

• Email: info@wecapture.media
• Phone: (718) 791-7380
• WeCapture Media, LLC — New York, United States