Terms of Service
Crank Media by Joshua Sik Anderson
These Terms of Service (“Terms”) govern all media production and related services provided by Crank Media by Joshua Sik Anderson, a Maryland limited liability company (“Crank Media”). By submitting a project inquiry, approving an estimate, executing a Statement of Work (“SOW”), or remitting payment, the client (“Client”) agrees to be bound by these Terms.
1. SERVICES
Scope of Services.
Crank Media provides media production and related services, which may include but are not limited to video production, photography, livestreaming, content creation, editing, and social media services (the “Services”).
Statement of Work.
Specific details regarding Services, deliverables, timelines, and pricing will be outlined in one or more written proposals, estimates, or Statements of Work (“SOW”) issued by Crank Media. Each approved SOW is incorporated into these Terms by reference and governs the applicable project.
2. FEES & PAYMENT
Deposit and Payment Terms.
A non-refundable deposit of fifty percent (50%) of the total project fee is required within forty-eight (48) hours of estimate approval or SOW issuance unless otherwise stated in writing. Crank Media does not guarantee or hold any scheduling position, production date, or availability until the deposit has been received. Failure to remit the deposit within this timeframe may result in release of the requested date at Crank Media’s sole discretion.
Unless otherwise expressly stated in the applicable SOW, the remaining balance is due in full on the day of the event or production date, prior to commencement of Services. Crank Media reserves the right to suspend or refuse Services if full payment is not received as required.
Withholding of Deliverables.
All previews, edits, and final deliverables may be withheld until full payment of all outstanding balances has been received. No ownership, license, or usage rights transfer until payment is made in full.
Late Payments.
Late payments may be subject to a fee of one and one-half percent (1.5%) per month on the outstanding balance, or the maximum amount permitted under Maryland law, whichever is less.
3. CLIENT RESPONSIBILITIES
Project Details and Intake Form.
Client agrees to complete and submit Crank Media’s designated project intake form (including but not limited to digital forms or similar documentation) with complete and accurate details regarding requested Services. All estimates, pricing, timelines, and deliverables are based solely on the information provided in written communication and constitute the agreed project scope unless amended in writing by Crank Media.
Omissions, inaccuracies, changes, or additional requests not disclosed prior to project confirmation may result in additional fees and timeline adjustments.
Client is responsible for:
- Providing necessary access to locations, talent, and materials
- Securing all required permissions, releases, and licenses for people, music, logos, and locations not supplied by Crank Media
- Reviewing and approving deliverables within a reasonable timeframe
Third-Party Media Providers.
When Services are performed in shared or collaborative environments, all parties are expected to communicate professionally to minimize interference. Crank Media is not responsible for coverage limitations, obstruction, or quality impacts resulting from the actions or positioning of third-party media providers.
4. OWNERSHIP & INTELLECTUAL PROPERTY
All photographs, video, audio, and other media captured remain the exclusive property of Crank Media. This includes raw footage, unused files, and project files.
Upon full payment, Client is granted a non-exclusive, non-transferable license for permitted use as outlined in the applicable SOW.
Client assumes full responsibility for any creative direction, content requests, or materials supplied and agrees that Crank Media shall not be liable for copyright infringement, trademark violations, or intellectual property claims arising from Client-directed content.
Crank Media reserves the right to use captured media for portfolio, promotional, advertising, and social media purposes unless otherwise agreed in writing.
Clients using Crank Media-produced content on websites or social platforms are encouraged to credit Crank Media where applicable.
5. REVISIONS
Unless otherwise stated in the applicable SOW, one (1) revision round is included.
Additional revision requests or project-related communication beyond the included scope may be considered billable time. Payment for additional services is required prior to commencement of further work.
6. CANCELLATION & RESCHEDULING
Deposits are non-negotiable and non-refundable and compensate Crank Media for preparation, administrative coordination, staffing commitments, and non-recoverable expenses incurred in advance.
Rescheduling requests must be submitted in writing at least forty-eight (48) hours prior to the scheduled date and are subject to availability. Approved rescheduling does not require an additional deposit.
Cancellations or rescheduling requests made within forty-eight (48) hours may result in forfeiture of the deposit and responsibility for the remaining balance, including unrecoverable costs.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Crank Media’s liability shall not exceed the total fees paid for the applicable project. Crank Media shall not be liable for indirect, incidental, special, or consequential damages.
8. INDEMNIFICATION
Client agrees to indemnify and hold harmless Crank Media from claims arising from materials provided by Client, including but not limited to copyright infringement or failure to obtain necessary releases.
9. CONFIDENTIALITY
Crank Media will treat non-public proprietary information provided by Client as confidential. Client agrees to do the same regarding proprietary business information of Crank Media.
10. FORCE MAJEURE
Crank Media shall not be liable for delays or failure to perform due to causes beyond reasonable control, including acts of God, severe weather, government actions, equipment failure, illness, or other unforeseen circumstances.
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland.
12. ENTIRE AGREEMENT
These Terms, together with any applicable SOW, estimate, or written project confirmation, constitute the entire agreement and supersede all prior discussions or representations.
13. ACCEPTANCE OF TERMS
Submission of a project inquiry, approval of an estimate, execution of a Statement of Work, or remittance of payment constitutes acceptance of these Terms of Service.