Terms of Service

Terms of Service for Brhyt™ Studio, LLC

Last updated: Dec 25 2024 10:13 AM

BRHYT™ STUDIO TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By making any payment to Brhyt™ Studio ("Studio"), you ("Client") agree to be bound by these Terms of Service ("Terms"). These Terms govern all services provided by Studio to Client.

1.1. Definitions

"Internal Business Purposes" means use within Client's organization for its own business operations, including Client's own marketing, communications, and commerce activities. This does not include reselling, redistributing, or providing access to deliverables to third parties as standalone products or services, or incorporating deliverables into products or services sold to third parties without Studio's express written consent.

2. SERVICES AND PLANS

Studio provides creative and technical services including but not limited to website design and development, e-commerce solutions, product photography, graphic design, and marketing content creation. The specific services to be provided are outlined according to the specific plan the client has selected and paid for through our online platform.

3. PAYMENT TERMS

3.1. Payments can be made online upon selecting a plan through Studio's platform or by check made payable to Brhyt™ Studio LLC.

3.2. For check payments, services will commence upon check clearance. Checks should be mailed to Studio's address listed in Section 10 or prepared for pick up by a Brhyt™ Studio representative.

3.3. Studio reserves the right to suspend services if any payment is reversed, declined, or otherwise fails to process, including returned checks.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Ownership

Studio retains ownership of all intellectual property rights in all work product created for Client, including drafts, works-in-progress, and final deliverables (collectively, "Work Product IP").
Client receives a non-exclusive, non-transferable license to use the final deliverables for internal business purposes.
Client retains ownership of all proprietary content provided to Studio ("Client Materials").

4.2. License Rights

Client is granted a perpetual, irrevocable, non-exclusive, non-transferable, royalty-free license to use, reproduce, display, and modify the final deliverables solely for internal business purposes.
Client may create derivative works for internal use but may not distribute, sublicense, or sell such derivative works without Studio's express written consent.
Studio receives a non-exclusive license to use Client Materials for (i) service delivery and (ii) Studio's promotional purposes.

4.3. IP Assignment‍

Parties may negotiate separate terms for the assignment of Work Product IP, including assignment fees.
Any IP assignment must be documented in a separate IP Assignment Agreement.

5. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of any proprietary information shared during the course of service delivery. This obligation survives the termination of services and continues until such information becomes publicly available through no fault of the receiving party.

6. WARRANTIES AND LIMITATIONS

6.1. Studio Warranties‍

Services will be performed in a professional manner consistent with industry standards.
Deliverables will conform to mutually agreed specifications.
Studio will obtain necessary licenses for third-party materials used in deliverables.

6.2. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, STUDIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STUDIO DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF ANY DELIVERABLES.

7. LIMITATION OF LIABILITY

EXCEPT FOR INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY BREACHES, IP RIGHTS VIOLATIONS, WILLFUL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID TO STUDIO.

8. DISPUTE RESOLUTION

8.1. All disputes shall first be addressed through good-faith negotiations between the parties.

8.2. If negotiations fail, parties agree to mandatory mediation through Lawyers for the Creative Arts (LCA), located at 161 North Clark Street, Suite 4200, Chicago, Illinois 60601 (phone: 312.649.4111), or a mutually agreed alternative provider.

8.3. If mediation fails, disputes shall be resolved through binding arbitration in Cook County, Illinois.

9. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

10. CONTACT INFORMATION

Brhyt™ Studio LLC
1440 W. Taylor Street #416
Chicago, IL. 60607
773 860 4890
studio@brhyt.com

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Brhyt™ Studio, LLC and Brhyt™ Productions, LLC
1440 W. Taylor Street, #416 Chicago IL 60607
Email: studio@brhyt.com or productions@brhyt.com respectively.

Terms of Service for Brhyt™ Productions, LLC

Last updated: Jan 03 2025 10:13 AM

BRHYT™ PRODUCTIONS TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By engaging Brhyt™ Productions ("Producer") for any services, you ("Client") agree to be bound by these Terms of Service ("Terms"). These Terms govern all production services provided by Producer to Client.

2. SERVICES AND WORK ORDERS

2.1. Producer provides media production services including but not limited to video production, photography, live streaming, and related creative services.

2.2. Specific services will be detailed in Work Orders executed by both parties. Each Work Order incorporates these Terms and includes project-specific details, deliverables, and requirements.

2.3. Producer shall be the exclusive provider of services described in any Work Order unless otherwise specified in writing.

3. PAYMENT TERMS

3.1. Client agrees to pay fifty percent (50%) of the quoted cost upon Work Order execution to commence pre-production.

3.2. The remaining fifty percent (50%) is due on the first day of scheduled production.

3.3. Additional expenses pre-authorized by Client will be invoiced monthly and are due within fifteen (15) business days.

3.4. Late payments may bear interest at 1.5% per month at Producer's discretion.

3.5. Producer reserves the right to suspend services if any payment is not received when due.

4. CLIENT RESPONSIBILITIES

4.1. Client shall provide:

Scripts, storyboards, props, creative guidance, and related clearances as specified
Necessary venue access and safe working conditions
Required permits, releases, and licenses for venue use and content
Power, internet, and other technical requirements as specified
Security if required
Notification to and releases from persons appearing in productions
Compliance with Producer's Acceptable Use Policy

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5. INTELLECTUAL PROPERTY RIGHTS

5.1. Ownership‍

Producer retains ownership of all work product, including raw footage, recordings, and final deliverables
Client retains ownership of all Client Materials provided to Producer
Client receives license rights as specified below

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5.2. License Rights‍

Client receives non-revocable, exclusive license to use Final Edit Versions for ordinary business purposes
Producer receives non-exclusive license to use Client Materials and branding for service delivery
Producer maintains right to use Final Edit Versions in portfolio/promotional materials

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6. CONFIDENTIALITY‍

Both parties agree to maintain confidentiality of proprietary information shared during service delivery. This obligation survives service termination until such information becomes publicly available through no fault of the receiving party.

7. WARRANTIES‍

7.1. Producer Warranties‍

Services performed professionally per industry standards
Deliverables conform to agreed specifications
Proper licenses obtained for third-party materials
Compliance with applicable laws and regulations

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7.2. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PRODUCER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY

EXCEPT FOR INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY BREACHES, IP RIGHTS VIOLATIONS, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED FEES PAID.

9. CANCELLATION AND POSTPONEMENT

9.1. 1-10 Working Days Notice:‍

Full payment of out-of-pocket costs
Full director's fee
Full production fee

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9.2. 11-15 Working Days Notice:‍

Full out-of-pocket costs
50% of director's fee
50% of production fee

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9.3. >15 Working Days Notice:‍

Full out-of-pocket costs
25% of director's fee
25% of production fee

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10. FORCE MAJEURE

Performance excused for events beyond reasonable control including war, terrorism, natural disasters, pandemics, and government action.

11. DISPUTE RESOLUTION

11.1. Disputes addressed through good-faith negotiations

11.2. If unsuccessful, mandatory mediation through Lawyers for the Creative Arts

11.3. If mediation fails, binding arbitration in Cook County, Illinois

12. GOVERNING LAW

These Terms governed by Illinois law without regard to conflict of law principles.

13. CONTACT INFORMATION

Brhyt™ Productions, LLC
1440 W. Taylor Street, #416
Chicago, IL 60607
productions@brhyt.com

‍

Brhyt™ Studio, LLC and Brhyt™ Productions, LLC
1440 W. Taylor Street, #416 Chicago IL 60607
Email: studio@brhyt.com or productions@brhyt.com respectively.