Terms of Service

1. Agreement to Terms

By booking services through Phone2Clip ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.

These terms constitute a legally binding agreement between you and Phone2Clip governing your use of our event content creation services.

BY MAKING A BOOKING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL LIMITATIONS OF LIABILITY AND REFUND POLICIES.

2. Description of Services

Phone2Clip provides on-site event content creation services. Our services are creative in nature, and final results depend on various factors including but not limited to event conditions, lighting, access, and client cooperation.

2.1 Standard Deliverables: Based on your selected package, deliverables may include:

• One edited highlight video (duration varies by package: up to 3, 5, or 10 minutes)
• Short-form video clips optimized for social media (quantity varies by package: 5, 10, or 15 clips)
• Vertical (9:16) format optimized for Instagram, TikTok, and other social platforms

2.2 Optional Add-ons:

• Live event streaming to one social platform
• Guest upload link and QR code
• Additional highlight edits
• Extra short clips
• Additional format exports (square 1:1)
• Raw footage delivery
• Second content creator

2.3 Deliverable Variability: The length, quantity, and quality of deliverables may vary depending on event conditions, including but not limited to: duration of key moments, lighting conditions, venue restrictions, crowd density, weather (for outdoor events), and overall event energy and activity. We use professional judgment to deliver the best possible content given the circumstances, but we cannot guarantee specific runtimes or clip counts. The package descriptions represent typical deliverables under favorable conditions.

2.4 Creative Control: We retain creative discretion over editing style, music selection, and content curation. While we welcome input, final creative decisions rest with our team.

3. Booking and Payment

3.1 Payment Terms: Full payment is required at the time of booking to confirm your event date. We accept credit card payments and Zelle transfers. A 5% discount is applied to Zelle payments.

3.2 Non-Refundable Deposit: Fifty percent (50%) of the total booking amount is a non-refundable deposit that secures your date and covers our scheduling, preparation, and opportunity costs. This deposit is non-refundable under any circumstances.

3.3 Confirmation: Your booking is not confirmed until payment is received in full. We reserve the right to release your date if payment is not received within 24 hours of initiating the booking.

3.4 Event Details: You are responsible for providing accurate event details including date, time, location, and any special requirements. Changes to event details must be communicated at least 48 hours in advance.

3.5 Travel: Services are available within our service area. Events outside the standard service area may incur additional travel fees, which will be quoted prior to booking.

4. Cancellation and Refunds

4.1 Non-Refundable Portion: Fifty percent (50%) of your total booking amount is non-refundable under any circumstances. This covers our scheduling commitment, preparation time, and the opportunity cost of holding your date.

4.2 Refundable Portion: The remaining fifty percent (50%) is refundable only under the following conditions:

• Cancellations made 10 or more days before the event: Refundable 50% will be returned
• Cancellations made less than 10 days before the event: No refund (100% of booking is forfeited)

4.3 How to Cancel: Cancellation requests must be submitted in writing via email to [email protected]. The cancellation date is the date we receive your written request.

4.4 Rescheduling: You may reschedule your event once at no additional charge, provided the request is made at least 10 days before the original event date and the new date is within 6 months and subject to availability. Rescheduling requests made less than 10 days before the event are treated as cancellations. Additional rescheduling requests may incur fees.

4.5 Company Cancellation: In the unlikely event we must cancel due to circumstances within our control, you will receive a full refund. We will make reasonable efforts to provide a replacement content creator if available.

4.6 Force Majeure: Neither party shall be liable for cancellations due to circumstances beyond reasonable control, including but not limited to natural disasters, severe weather, government actions, pandemic restrictions, or civil unrest. In such cases, we will work with you to reschedule. Refunds in force majeure situations are at our sole discretion.

5. Right to Refuse or Terminate Service

Phone2Clip reserves the absolute right to refuse to provide services, leave an event early, or terminate coverage without refund in any of the following circumstances:

• Safety Concerns: Any situation that poses a risk to the physical safety of our content creator, including but not limited to violence, threats, aggressive behavior, unsafe venues, or hazardous conditions
• Denied Access: If our content creator is denied reasonable access to the event, key areas, or key moments after arrival
• Venue Restrictions: If venue management prohibits filming and this was not disclosed prior to the event
• Illegal Activity: If illegal activities are taking place at the event
• Harassment: If our content creator experiences harassment, discrimination, or hostile treatment
• Misrepresentation: If the event significantly differs from what was described at booking
• Event Disorganization: If extreme disorganization prevents reasonable content capture
• Intoxication: If the client or event coordinator is too intoxicated to provide necessary guidance or access
• Equipment Interference: If our equipment is tampered with, damaged, or stolen

In any of the above circumstances, no refund will be provided, and we reserve the right to pursue compensation for any damages to our equipment or harm to our team.

Our content creator's assessment of these situations is final. We prioritize the safety and wellbeing of our team above all else.

6. Content Delivery

6.1 Standard Delivery Timeline: Edited content is typically delivered within 72 hours of your event. However, delivery may take up to 30 days depending on:

• Volume of footage captured
• Complexity of the event
• Current production workload
• Holiday periods and peak seasons
• Technical issues requiring additional processing
• Waiting for guest uploads (if applicable)

We will communicate with you if delivery will exceed 72 hours. Delivery timelines are estimates, not guarantees. No refunds will be issued for delivery delays.

6.2 Delivery Method: Content will be delivered via secure cloud link. You are responsible for downloading your content within 30 days of delivery. We are not responsible for content not downloaded within this period, and content may be permanently deleted after 30 days.

6.3 Revisions: One round of minor revisions is included (music changes, minor trim adjustments). Revision requests must be submitted within 7 days of delivery. Additional revisions or re-edits may incur additional fees. Major changes to the creative direction are not covered and may be declined.

6.4 Technical Issues: While we use professional equipment and backup systems, we cannot guarantee against all technical failures. In the rare event of complete content loss due to equipment failure, our liability is limited as described in Section 9.

7. Intellectual Property and Usage Rights

7.1 Client License: Upon full payment and delivery, you receive a perpetual, non-exclusive license to use the delivered content for personal and promotional purposes.

7.2 Company Rights: Phone2Clip retains full ownership of all raw footage and edited content, and the right to use any footage and edited content for our portfolio, website, social media, advertising, and promotional purposes, unless you notify us in writing before the event and pay an exclusivity fee if applicable.

7.3 Music Licensing: We use royalty-free music licensed for social media use. The license covers standard social media platforms. Commercial broadcast, advertising, or monetized use may require additional licensing at your expense.

7.4 Third-Party Content: You are responsible for ensuring you have the right to include any third-party content (logos, music requests, etc.) in your videos. We are not liable for any copyright claims arising from client-requested content.

8. Client Responsibilities

You agree to:

• Provide accurate event information and timely updates to any changes
• Ensure our content creator has reasonable access to the event, key areas, and key moments
• Designate a point of contact who will be available and sober during the event
• Inform venue management of our presence and obtain any required permissions before the event
• Notify us of any venue restrictions on photography/videography before the event
• Obtain necessary permissions from guests for filming
• Provide a safe, respectful working environment for our team
• Ensure our content creator has access to food, water, and restroom facilities for events over 4 hours

Failure to fulfill these responsibilities may result in reduced deliverables, termination of coverage, or forfeiture of refund rights. We are not responsible for missed moments due to lack of access, notification, or cooperation.

9. Limitation of Liability

9.1 Maximum Liability: IN NO EVENT SHALL PHONE2CLIP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.

9.2 Exclusion of Damages: UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

9.3 No Guarantee of Results: We do not guarantee that all moments will be captured, that content will meet your expectations, or that deliverables will achieve any particular result. Events are dynamic and unpredictable. Our services are provided on an "as-is" basis.

9.4 Equipment and Technical Issues: In the event of equipment failure or technical issues resulting in partial or complete loss of footage, our sole liability is a pro-rata refund based on the affected portion of coverage time, not to exceed the total amount paid. We are not liable for any other damages arising from technical failures.

9.5 Acknowledgment: YOU ACKNOWLEDGE THAT THE FEES CHARGED REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Phone2Clip, its owners, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees and legal costs, arising out of or in any way connected with: (a) your breach of these Terms; (b) your use of the delivered content; (c) your violation of any third-party rights, including privacy or intellectual property rights; (d) any claim that your event, venue, or instructions caused harm to our team or equipment; (e) any claims by guests or third parties appearing in the content; or (f) your negligence or willful misconduct.

11. Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution: Before filing any formal legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally for a period of at least 30 days.

12.2 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12.3 Jurisdiction: Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the new Terms. The terms in effect at the time of your booking will govern that specific transaction.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any specific booking confirmation, constitute the entire agreement between you and Phone2Clip regarding our services and supersede all prior agreements, representations, and understandings, whether written or oral.