Terms of Service

Welcome to Kinetic Media Productions LLC. By accessing our website, engaging our production services, or purchasing video marketing campaigns, you ("Client," "User," or "you") agree to be bound by the following Terms of Service. Please read them carefully. These are the terms and conditions for using the website and services of Kinetic Media Productions LLC, also referred to in this document as “Kinetic” ,“Company”, “We”, “Us”, “Site” or “Our”. If you have any questions please contact us.

Use of this website does not imply an agreement for services has been made.

Must be over 18 to use this Site and engage in business with the Company.

We recommend that you install appropriate defenses against viruses and other malware before you download any information from this Website. Kinetic Media Productions LLC shall accept no liability for any virus or malware contracted a result of visiting this Website or any other web site and will not be liable for any claim, loss, damage, costs or expenses suffered or incurred by any person as a result of the presence of any virus or malware on this website or another website.

While Kinetic Media Productions makes every effort to keep the materials and information on this Website accurate, we disclaim any warranty or representation, expressed or implied about the material’s and/or information’s (or this Website’s) accuracy, completeness or appropriateness for a particular purpose. Thus by using this Website you assume full responsibility for using the materials and information at this Website and you understand and agree that neither Kinetic Media Productions nor its suppliers nor any of its employees is responsible or liable for any claim, loss, damage, costs or expenses resulting from its use. Kinetic Media Productions make no promise that materials on this Website are appropriate or available for use in locations outside the United States, and accessing this Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Where our site contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Kinetic is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Kinetic Media Productions has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Kinetic Media Productions cumulative liability to you exceed the total purchase price of the Service you have purchased from Kinetic Media Productions, and if no purchase has been made by you, Kinetic Media Productions cumulative liability to you shall not exceed $1.

Kinetic Media Productions LLC provides video strategy, media production, white-label agency execution, local crew/field support, and digital campaign management. Specific deliverables, timelines, payment structures, and project scopes are governed by individual written agreements, estimates, or Statements of Work (SOW) executed between Kinetic and the Client.

To protect Kinetic Media Productions LLC and ensure clarity regarding client assets:

Final Deliverables: Upon full and final payment of all agreed-upon project fees, Kinetic grants the Client an exclusive, perpetual, royalty-free license to distribute, broadcast, and publish the final exported video files for the intended channels specified in the SOW.

Raw Footage & Working Files: Unless explicitly purchased in writing via a separate licensing agreement, Kinetic retains sole ownership and intellectual property rights to all raw unedited footage, project files, sound design assets, color profiles, and preliminary edits.

Promotional & Portfolio Rights: Unless restricted by a mutually executed Non-Disclosure Agreement (NDA) signed prior to production, Kinetic retains the right to use final deliverables, behind-the-scenes media, and excerpts (including altered / edited versions) for Kinetic’s portfolio, website, award submissions, and marketing materials.

Client-Supplied Assets: Client warrants that all logos, trademarks, audio tracks, brand assets, and footage provided to Kinetic for inclusion in production are owned by Client or properly licensed. Client assumes full liability for any third-party copyright or trademark claims arising from assets provided by Client.

Deposits & Payment Schedules: A non-refundable deposit (typically 50% unless stated otherwise in an SOW) is required to secure production dates, crew booking, and pre-production planning.

Scope Creep: Any additions, extra shoot hours, additional revisions, or script alterations requested by Client outside the written SOW will be billed at Kinetic’s standard hourly or daily rates.

Cancellations & Rescheduling:

If Client cancels or postpones a scheduled shoot day within 48 hours of the call time, Client is responsible for 100% of non-refundable crew fees, location permits, gear rentals, and sub-contractor costs incurred by Kinetic. Weather delays or Force Majeure postponements will be rescheduled for the earliest mutually available date, with Client covering direct non-recoverable hard costs.

To the maximum extent permitted by applicable law, Kinetic Media Productions LLC, its members, employees, and subcontractors shall not be liable to Client or any third party for:

Cap on Liability: Any total monetary liability arising out of or related to our services, whether in contract, tort, or otherwise, exceeding the total amount actually paid by Client to Kinetic for the specific project or scope of work in dispute.

Indirect & Consequential Damages: Any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, business interruption, loss of data, or media account suspensions.

Third-Party Platforms: Kinetic does not own or control third-party ad networks (e.g., Meta, Google, YouTube, TV networks). Kinetic is not liable for account suspensions, policy changes, ad disapprovals, or technical outages imposed by third-party advertising platforms.

Equipment Failure & Unforeseen Events: While Kinetic maintains redundant systems and professional gear standards, Kinetic is not liable for delay or non-performance caused by acts of God, extreme weather, hardware failures, public health emergencies, or severe transport disruptions beyond reasonable control.

Client agrees to defend, indemnify, and hold harmless Kinetic Media Productions LLC, its officers, employees, and sub-contractors from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising from:

Client’s breach of these Terms of Service or an executed SOW.

Any third-party copyright, trademark, or privacy infringement claims resulting from materials, logos, audio, or instructions supplied by Client.

Client’s failure to secure necessary permissions, location approvals, or talent releases when managed by Client.

Kinetic Media Productions LLC operates strictly as an independent contractor. Nothing in these Terms or any project agreement creates a joint venture, partnership, employment, or agency relationship between Kinetic and Client unless expressly written in a contractual agreement.

These Terms of Use shall be governed by the laws of the State of South Carolina without regard to the conflicts of laws rules of any other jurisdiction. Every dispute concerning the interpretation or effect of these Terms of Use and/or your use of the Site must be resolved in the state situated in Georgetown County, South Carolina and the federal courts located in Charleston County, South Carolina. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

Kinetic Media Productions may revise these Terms and Conditions without notice. Last updated August, 2026.