Booking Terms

These terms apply to every project booked with Wingspeak LLC, doing business as Wingspeak Productions (“Wingspeak,” “we,” “us”), 5312 4th Ave S, Seattle, WA 98108. By checking the box at checkout, signing a proposal, or paying a booking payment, you (“Client”) agree to these terms.

Each booking also has a Scope of Work: the package, proposal, or quote you accepted, which lists the date, services, deliverables, and price. If the Scope of Work and these terms conflict, the Scope of Work controls for that project.

1. Services and Scope

Wingspeak provides video production, photography, graphic design, audiovisual (AV) services, and marketing services as described in your Scope of Work. Anything not listed there is outside the project and will be quoted separately before we do it.

Unless your Scope of Work says otherwise:

Video: delivered as edited files. Raw footage and project files are not included.
Photo: delivered as edited, high resolution images. Photo counts are approximate. RAW files are not included.
Graphics: delivered as final files in the formats listed. Editable source files are not included.
Marketing: delivered as described in your Scope of Work. We do not guarantee specific results, such as views, followers, leads, or sales.

2. Booking Payment and Balance

Booking payment. A payment of 50% of the project total reserves your date and our team. The booking payment is nonrefundable, because we turn down other work to hold your date.
Balance. The remaining 50% is due when the final deliverables are approved, or deemed approved under Section 4. Payment is due within thirty (30) days of delivery of the final deliverables.
Late payments. Unpaid balances incur a late fee of 5% per month. We may hold deliverables until the balance is paid in full.
Expenses. Permits, travel outside the Seattle area, venue fees, and similar costs are billed only if they are listed in your Scope of Work or approved by you in writing.

3. Retainers

Monthly services, such as marketing or recurring content, are billed in advance at the start of each month and renew automatically.

Cancelling. Either party may cancel with one (1) month’s written notice. Work and billing continue through the end of that notice month.
Unused work. Unused hours or deliverables do not roll over unless your Scope of Work says they do.
Ad spend. Advertising budgets, paid boosts, and platform fees are paid by Client directly and are separate from our fees.
Account access. Client provides the account access we need and keeps ownership of its own social media and ad accounts.

4. Approval and Revisions

Revision rounds. Each deliverable includes two (2) rounds of revisions. A round is one complete list of changes sent at one time. Photo revisions cover editing and selection, not reshoots.
Extra revisions. Additional rounds, or changes to direction after approval, are billed at $120 per hour.
Deemed approval. If we receive no revision notes within ten (10) business days of delivering a draft or final, that deliverable is considered approved.
Inactive projects. If Client is unresponsive for sixty (60) days, we may close the project. Completed work is delivered as is, and the balance becomes due.

5. Cancellation and Rescheduling

Cancellation by Client. If Client cancels, the booking payment is kept. Any work already completed beyond the booking payment’s value is billed.
Rescheduling. Client may reschedule a shoot or event with at least seven (7) business days’ written notice, subject to our availability. Rescheduling with less notice incurs a $500 fee per day affected. The booking payment applies to the new date.
Event or venue changes. If the event, schedule, or venue rules change in a way that limits what we can capture, we will adapt the plan as best we can. Fees are not reduced for limits outside our control.
Cancellation by Wingspeak. If we must cancel and cannot provide a qualified replacement crew, we refund all payments for undelivered work.

6. Delivery and File Retention

Timelines. First drafts are delivered within three (3) weeks of the shoot or kickoff, unless your Scope of Work says otherwise. Finals are delivered within two (2) weeks of receiving a complete round of revision notes. Rush delivery may be available for an added fee agreed in writing.
Download links. Final files are delivered by download link. Links stay active for thirty (30) days. Client is responsible for downloading and backing up its files.
No duty to store. Wingspeak has no obligation to store final files, raw footage, photos, or project files after delivery. We may keep or delete them at our discretion.
Retrieval. If Client asks for files later and we still have them, retrieval is billed at $200 per terabyte, plus any time needed to prepare them. We do not guarantee that any files will be available.

7. Ownership and Usage Rights

Client license. Once paid in full, Client receives a perpetual, worldwide, non-exclusive license to use the final deliverables for any lawful purpose. Wingspeak keeps copyright unless your Scope of Work transfers it.
Before full payment. No rights in the deliverables pass to Client until the project is paid in full.
Graphics and logos. Logos and brand marks we design for Client are fully transferred to Client upon payment, so Client can register and protect them.
Licensed elements. Music, fonts, stock images, and templates are licensed for the use described in your Scope of Work. Uses beyond that may need extra licensing at Client’s cost.
Portfolio use. Wingspeak may show the work in its portfolio, website, social media, and marketing. Client may opt out in writing at any time, and we will not use confidential material.

8. Client Responsibilities

Client is responsible for:

Location permits, venue permission, and access for our crew and gear.
Talent and photo releases from people featured, including minors and patients where applicable.
Having the rights to any logos, music, footage, images, or materials Client provides.
Accurate information about the event schedule, venue rules, and project details.
Timely feedback and approvals. Delays caused by Client may shift the delivery schedule.

9. Limitation of Liability

Cap. Wingspeak’s total liability for any claim related to a project is limited to the amount Client paid for that project.
Indirect losses. Neither party is liable for indirect or consequential damages, such as lost profits, lost donations, or lost business.
Equipment and media. We use professional gear and backup practices. If equipment failure, file corruption, or loss of media prevents delivery, our liability is limited to a refund of fees paid for the affected deliverables.
Insurance. Wingspeak maintains general liability insurance. Proof is available on request.

10. General Terms

Independent contractor. Wingspeak is an independent contractor, not an employee of Client. We may use qualified subcontractors and remain responsible for their work.
Confidentiality. We keep Client’s non-public information confidential and do not share it without written consent, except as needed to deliver the project.
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as natural disasters, severe weather, pandemics, strikes, or government action. The affected party will notify the other promptly.
Disputes. These terms are governed by Washington State law. The parties will first try good faith negotiation, then mediation in King County, Washington. The prevailing party in any legal action may recover reasonable attorneys’ fees.
Entire agreement. These terms and your Scope of Work are the full agreement for each project and replace prior discussions. Changes must be in writing, which includes email.
Updates. We may update these terms for future bookings. The version you agreed to at booking applies to that project.

The short version