Terms of service

Welcome to Don Barber Film Production. These Terms of Service govern your use of our website and your purchase or use of our marketing consulting, brand development, digital marketing strategy, content creation, corporate video production, advertising, and creative consulting services.

By accessing our website, submitting an inquiry, approving a proposal, paying an invoice, or engaging Don Barber Film Production for services, you agree to these Terms of Service.

Services

Don Barber Film Production provides customized creative and marketing services. The exact scope of work, deliverables, timeline, fees, revisions, and project requirements will be outlined in the applicable proposal, estimate, statement of work, invoice, email confirmation, or written agreement.

All services are provided on a project basis unless otherwise agreed in writing.

Proposals and Project Approval

A project may begin after the client accepts a proposal, approves a scope of work, confirms instructions in writing, pays an invoice or deposit, or otherwise authorizes Don Barber Film Production to begin work.

Proposals are based on the information available at the time they are prepared. Changes to the project scope, required deliverables, schedule, production requirements, or client instructions may require an updated quote, revised timeline, or additional payment.

Client Responsibilities

Clients agree to provide accurate information, required materials, brand assets, feedback, approvals, access, and instructions in a timely manner.

Clients are responsible for ensuring they have the right to use and provide all materials supplied to Don Barber Film Production, including logos, trademarks, images, video footage, music, copy, documents, customer data, and other content.

Delays caused by missing materials, late feedback, unavailable decision makers, incomplete instructions, or changes in direction may affect project timelines and may result in additional charges.

Fees and Payment

All fees, payment schedules, deposits, and due dates will be stated in the applicable proposal, agreement, or invoice.

Payments are due by the stated due date. Don Barber Film Production may pause work, withhold deliverables, reschedule production, or cancel future work if payments are overdue.

Clients are responsible for approved third party expenses, including advertising spend, media placement, stock assets, music licenses, travel, equipment rental, crew costs, studio or location fees, talent fees, permits, printing, shipping, and software subscriptions.

Changes and Revisions

The number and type of revisions included in a project are determined by the applicable proposal, agreement, or invoice.

Requests outside the approved project scope, including new concepts, substantial changes after approval, additional formats, extra deliverables, reshoots, expanded campaign work, or additional rounds of revisions, may require a separate quote and payment.

Don Barber Film Production is not responsible for delays or additional costs resulting from client-requested changes after work has begun.

Creative Approval

Clients are responsible for reviewing and approving concepts, copy, designs, edits, videos, deliverables, and final files before publication, printing, distribution, advertising, or public use.

Once work is approved, released, published, printed, launched, or distributed, Don Barber Film Production is not responsible for errors, omissions, legal compliance issues, or changes requested after approval.

Intellectual Property

Until all outstanding payments are received in full, all concepts, drafts, designs, strategy documents, video edits, source files, and other deliverables remain the property of Don Barber Film Production.

After full payment is received, the client receives the rights to use the final approved deliverables for the purposes stated in the applicable project agreement.

Don Barber Film Production retains ownership of its pre-existing materials, tools, working methods, templates, processes, drafts, unused concepts, source files, raw footage, project files, and intellectual property not specifically transferred in writing.

Unless otherwise agreed in writing, Don Barber Film Production may display completed work in its portfolio, website, social media, presentations, marketing materials, and award submissions.

Video Production and Content Services

For video production, content creation, photography, and similar services, the client is responsible for securing appropriate permissions, releases, location access, talent approvals, music rights, trademarks, and any other rights required for the project.

If a production must be rescheduled or cancelled because of client availability, missing approvals, location issues, weather, delayed access, or circumstances outside the control of Don Barber Film Production, additional costs may apply.

Raw footage, project files, unedited assets, and source materials are not included unless specifically stated in writing.

Marketing and Advertising Services

Don Barber Film Production may provide strategic recommendations, creative direction, content, and marketing support. However, marketing results can be affected by factors outside our control, including market conditions, budget, competition, platform changes, client implementation, audience behavior, product quality, website performance, and third party advertising platforms.

We do not guarantee sales, leads, rankings, engagement levels, media placements, business growth, advertising performance, or specific financial results.

Refunds and Cancellations

Refunds, cancellations, and project-related concerns are governed by the Don Barber Film Production Return and Refund Policy.

Because services are customized and may involve reserved time, strategy, production, creative development, third party costs, and completed work, payments may be nonrefundable once work has begun or costs have been committed.

Confidentiality

Don Barber Film Production will use reasonable care to protect nonpublic client information shared for the purpose of providing services.

Clients agree not to disclose nonpublic proposals, pricing, methods, creative concepts, documents, or confidential information belonging to Don Barber Film Production without prior written permission.

This confidentiality obligation does not apply to information that is publicly available, independently developed, lawfully obtained from another source, or required to be disclosed by law.

Prohibited Use

You may not use our website or services for unlawful, fraudulent, defamatory, infringing, abusive, or harmful purposes.

You may not use our work, website content, trademarks, designs, or materials without permission, except where such use is specifically authorized in writing.

Limitation of Liability

To the fullest extent permitted by applicable law, Don Barber Film Production will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, or missed opportunities.

If Don Barber Film Production is found liable for any claim related to services provided, its total liability will not exceed the amount paid by the client for the specific service giving rise to the claim.

Indemnification

Clients agree to indemnify and hold Don Barber Film Production harmless from claims, damages, losses, liabilities, costs, or expenses arising from materials supplied by the client, client instructions, unauthorized use of third party content, legal or regulatory noncompliance by the client, or the client’s use of final deliverables.

Third Party Services

Our website and services may involve third party platforms, software, payment processors, advertising platforms, hosting providers, social media platforms, stock libraries, and production partners.

Don Barber Film Production is not responsible for third party services, outages, policy changes, account suspensions, platform decisions, pricing changes, data loss, or performance issues outside our control.

Termination

Either party may end a project by providing written notice, subject to the terms of the applicable proposal, agreement, invoice, and Return and Refund Policy.

Upon termination, the client remains responsible for payment for all work completed, time reserved, services performed, approved expenses, and nonrecoverable third party costs incurred before the termination date.

Changes to These Terms

Don Barber Film Production may update these Terms of Service at any time. Updated terms will be posted on this page with a revised effective date. Continued use of our website or services after an update means you accept the revised Terms of Service.