Terms and Service
En-Garde Productions LLC is a Charleston, South Carolina-based media production company specializing in top-tier real estate video content. We exist to make you and your listing assets look amazing.
Scheduling: Video appointment scheduling can be made via email or phone. We will do our best to determine the best time of day in regards to lighting and tides, however ensuring favorable conditions at the scheduled time is ultimately the responsibility of the Client.
Travel Charges: En-Garde Productions LLC is virtually located at 215 East Bay St, Ste 201k #857 Charleston, South Carolina about 5 miles from downtown Charleston. Productions over 25 miles and under 50 miles from our virtual location (including Kiawah Island, Seabrook Island, and Awendaw) will incur an additional $50 travel fee. For productions over 50 miles away, and out of state, travel fees are determined on a case-by-case basis.
Pricing: Video rates vary according to the scope of the project and are subject to change at any time. A firm estimate will be given upon scheduling. Payment is expected 15 days from the delivery of the final media. For current pricing please request a brochure.
Cancellations/Rescheduling: We aim to be very flexible in rescheduling due to weather and other unforeseen circumstances. Any non-weather-related cancellations within 24 hours of the appointment time will incur a $50 charge.
Filming: En-Garde Productions LLC will dispatch its agents to film the property at the agreed-upon time and date. For large Video/aerial jobs we may have two or more agents on-site to execute the production. Appointments typically last from 1.5-2.5 hours. En-Garde Productions team is comprised of real estate multimedia experts that understand the professionalism required when representing our clients on location. Requests for specialty shots, including but not limited to details of fixtures, decor, and design, are not guaranteed and must be requested at the time of booking.
Liability and Insurance: En-Garde Productions LLC is covered under a $2M general business liability policy that can be provided upon request or written for a specific job, Client, or company. Drone operators are licensed by the FAA and may use their discretion if a job is deemed unsafe due to weather conditions, proximity to airports, or other circumstances. We reserve the right to refuse video service for any reason.
Property Readiness: Please ensure the property is ‘shoot-ready’ upon the arrival of our production team. This means you communicate with your property owners and arrive 15-30 minutes ahead to turn on lights, declutter, etc. For a busy real estate production crew, there is nothing worse than trying to film a property that is not ready. Please coordinate with owners/residents to have lights on, property clean and staged, yard clean, all interior/exterior lights working, and vehicles out of the driveway. Our team of media producers will make minor adjustments at their discretion, however, we are not furniture movers, home stagers, house cleaners, landscapers, florists, or repairmen. Thank you for coordinating with your Clients and arriving early to prep the location before we arrive.
Return Charges: Should a return trip be required due to, but not limited to, the property not being ready, changes to the decor, or additional videos beyond the scope of the original work, a fee of at least $150 will be applied. En-Garde Productions LLC reserves the right to charge this fee at its discretion.
Delivery: Editing is where the true magic happens. We strive to deliver video productions within two (2) business days for your review, however, there is no guarantee unless discussed in writing prior to the production of media. Video drafts and final video files (in .MP4 format) are delivered via frame.io or a similar file sharing service.
Video Revisions: Every video production receives one round of revisions free of charge. We ask that you carefully review your video draft and leave a detailed comment of all the changes you wish to see in the final version at the correct timecodes. This may include removing scenes, changing titling, different music selection, shot sequences, etc. Once we have your final revisions we will then edit, render, and deliver an MLS-compliant video (with no branding or agent information) as well as a branded version with your contact information, logo, and website. As this is very time-consuming, additional edits (that were not the mistake/fault of En-Garde Productions LLC) will be billed at $130/hr.
Video Publishing: We want your video to perform as well as possible online so that you get maximum short and long-term benefits from our beautiful productions. We are happy to help with questions about publishing on social media and video sites like YouTube and Vimeo, SEO, and embedding in the MLS reach out to us at support@engardeproductions.net.
2022 License Agreement
Scope: The En-Garde Productions LLC License Agreement applies to any video, photograph, graphics, digital assets, or digital images created or taken by En-Garde Productions LLC or its contractors and delivered to the Client for a specific property or address. This Agreement governs the relationship between the parties and in no event shall any email communication or other exchange amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Rights and License: All videos and rights relating to them, including copyrights and ownership rights, remain the sole and exclusive property of En-Garde Productions LLC. This license provides the Client with the limited right to reproduce, publicly display, and distribute the videos only for promotional advertising purposes directly related to the sale of the property. Videos used for any purpose not directly related to the sale of the property must be with the permission/license of En-Garde Productions LLC, which may incur additional fees.
Videos may be uploaded to any MLS listing service for the promotion of the property. At no time does this Agreement provide the Client the right to transfer copyright or any other exclusive rights of videos. Unless otherwise specifically provided in writing or signed Agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement or at the termination of the Client’s representation of the property, whichever occurs first. Further use of videos beyond one (1) year requires En-Garde Productions LLC’s permission and may incur additional fees. Rights are assigned to the Client immediately upon delivery of the videos.
An exclusive license may be requested by the party commissioning the videos. Videos of multi-family properties, and neighborhood amenities to include but are not limited to pools, gyms, playgrounds, docks, and beaches, and general neighborhood overview videos are owned by En-Garde Productions LLC and do not maintain an exclusive license. En-Garde Productions LLC reserves the right to use photos internally for marketing purposes and resale through Charleston Stock Media LLC, and independent third parties.
The parties agree that the Videographer is an independent contractor and that neither En-Garde Productions LLC or contract personnel are, or shall be deemed to be, employees of the Client. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this Agreement. Videos and any other deliverables prepared by En-Garde Productions LLC and its contractors shall not be deemed a work for hire as defined under copyright law. All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
Creation: The Videographer will use his/her best efforts to (a) ensure that photos conform to the Client’s specifications; and (b) submit all videos to the Client in publishable quality, on or before the applicable deadlines.
Delivery: Videos will be delivered in 8-bit 1080 HD as a .MP4 file using the H264 or similar codec. Full-size video files will be delivered via a file-sharing service such as Frame.io. En-Garde Productions LLC will provide, at no charge, video hosting on internal Frame.io, Vimeo, or YouTube accounts and assist Clients in questions related to publishing but will not manage video publishing or social media support.
Fees: All fees and expenses payable under this Agreement are required no later than thirty (30) business days from the delivery of the videos and payable irrespective of whether the Client makes actual use of the media. If full payment has not been received within thirty (30) days, all rights are revoked at Videographer’s discretion and late charges will be incurred. In the event rights are revoked, all images in the possession of the Client will be removed from all forms of media and permanently destroyed within ten (10) days. The client shall provide Videographer with a written statement that all video has been removed and destroyed.
Cancellation: Cancellation and/or rescheduling is acceptable at no charge from the time of scheduling to 24 hours prior to the shoot. Cancellations (not weather-related) made within 24 hours of the scheduled shoot will incur a $50 cancellation charge.
Transfer and Assignment: The client may not assign or transfer this Agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification: The client will indemnify and defend En-Garde Productions LLC and its contractors against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the videos or material furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases and ensure they are in full effect and enforce.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of South Carolina. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Charleston, South Carolina, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party or any such rights or remedies will not preclude further exercise of other rights or remedy.