CAPTURE AND MOTION
PRODUCTION POLICY

1. Booking & Confirmation

• A project is confirmed only after:

  1. Written confirmation from the client.

  2. Receipt of the signed agreement with initials on all pages.

  3. Receipt of the advance payment.

• Verbal discussions or tentative dates do not constitute confirmation.

• Shoot dates are reserved first-come, first-served after the above steps.

• Written evidence is required for submissions to avoid disputes.

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2. Payment Terms

• Advance Payment: 50% of project value at booking to secure dates, crew, and equipment.

• Post-Shoot Payment: 25% within 24 hours after the shoot completion.

• Final Payment: Remaining 25% before final delivery.

• Late Payments: 2% interest per month (or the maximum permissible under applicable law) on overdue amounts.

• Final outputs are shared with watermarks for review; non-watermarked files are released only after full payment.

• Multi-stage approvals may incur partial fees if cancelled midway (percentages defined in quotation).

• Ownership & Usage: Capture And Motion retains ownership until full payment; deliverables may be withheld until cleared.

• Unauthorised use of watermarked content may incur additional charges or legal action.

• All payments are non-refundable unless explicitly stated otherwise in writing.

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3. Shoot Duration & Working Hours

• Defined in quotation.

• Extended hours incur additional charges at the rates in the quotation.

• Delays caused by location access, client readiness, or third parties may be billed.

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4. Travel, Accommodation & Logistics

• Unless stated otherwise, the client bears all travel, accommodation, food, local transport, permits, and logistics.

• Any special requirements or permissions must be communicated at least 7 days in advance.

• Air travel with equipment: If production equipment must be transported by plane, any extra luggage charges or airline fees are the client’s responsibility.

• Weather, force majeure, or location restrictions may adjust timelines without penalty.

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5. Client Responsibilities

Clients must:

• Provide timely access to locations and personnel.

• Secure all permissions and approvals.

• Designate a single point of contact.

• Supply all content (text, logos, graphics, high-res images) before deadlines.

• Ensure a safe and cooperative environment.

Delays may affect timelines and incur additional charges.

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6. Creative Process

• Capture And Motion follows a collaborative, story-driven approach.

• References and expectations should be shared before production.

• Creative decisions on framing, lighting, pacing, and storytelling remain professionally at Capture And Motion’s discretion.

• While client feedback is valued, final creative decisions will align with the agreed brief and professional standards of Capture And Motion.​

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7. Editing & Revisions

• Editing includes a limited number of revision rounds per quotation.

• Revision requests must be clear, consolidated, and within the approval window.

• Additional revisions are chargeable.

• Failure to approve within the timelines results in approval being deemed confirmed.

• Re-edits post-delivery are charged separately.

• Revisions are limited to changes within the originally approved concept, structure, and duration. Requests that alter narrative direction, duration, or scope will be treated as change requests.

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8. Approval Timeline

• Clients must review watermarked previews within 72 hours.

• No feedback within 7 calendar days = deliverables deemed approved, final invoicing proceeds.

• Disputes after deemed approval are only valid if documented errors are identified.

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9. Scoping & Change Management

• All deliverables and project scope are documented in the Scope of Work attached to the quotation/agreement.

• Work outside this scope constitutes a change request and requires a new quotation.

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10. Content Accuracy & Copyright

• Client warrants that all materials (text, logos, images, music, etc.) are owned or licensed for use.

• Client indemnifies Capture And Motion for any copyright or IP claims arising from supplied materials.

• Client must provide assets in approved formats and resolutions.

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11. Confidentiality

• Both parties agree to keep non-public project information confidential.

• Disclosure allowed only when required by law or with written consent.

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12. Behind-the-Scenes (BTS) & Social Media Sharing

• Capture And Motion may capture BTS photos and videos during production for marketing, social media, or promotional purposes.

• BTS content may include crew at work, equipment setup, or snippets of the project, but will not disclose confidential or sensitive client information.

• The client may request restricted use of specific areas or sensitive content in writing prior to production.

• Posting BTS content does not affect final deliverables or ownership rights.

• Clients retain the right to review and request the removal of specific BTS snippets prior to posting if requested in advance.

• BTS content will not be used to misrepresent the final project or the client’s brand.

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13. Delivery Timeline

• Defined in quotation.

• Delays caused by client content, approvals, or payments may extend timelines.

• Final deliverables are released only after full payment.

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14. Content, Materials & Raw Data

• Raw footage/photos are not included unless specified.

• Raw data is chargeable; delivery requires full payment.

• External hard drive costs borne by the client; storage limits must be agreed.

• Raw data delivered as-is; Capture And Motion is not liable for loss beyond 30 days.

• Clients are advised to download and securely store all delivered data upon receipt.

• Working files/templates remain Capture And Motion's IP; release requires a separate license.

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15. Cancellations & Rescheduling

• 72+ hours before shoot: Any refund, if applicable, will be determined based on work completed, resources blocked, and third-party costs incurred.

• Within 72 hours: Advance non-refundable.

• Same-day cancellations: Up to 50% of the total project value may be billed, including the advance already paid.

• Rescheduling subject to availability; additional charges if crew, equipment, or travel is confirmed.

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16. Project Abandonment & Kill-Fee

• Lack of client communication or approvals may trigger project abandonment.

• Payments made are non-refundable; the remaining balance is immediately due.

• Restarting requires a new quotation.

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17. Usage Restriction Before Final Payment

• Until full payment, clients:

  • Do not acquire usage rights.

  • May not publish or distribute content.

  • Access only to watermarked previews.

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18. Portfolio & Self-Promotion

• Capture And Motion may use final content for portfolio, website, social media, showreels, and pitches.

• Portfolio use occurs after the client publishes or after 6 months if unpublished.

• Confidentiality requirements must be communicated before the project starts.

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19. Drone Permissions & Compliance

• Comply with DGCA, Digital Sky platform, local permissions, airspace rules, and weather guidelines.

• Client must provide permissions and disclose restricted zones; failure = material breach.

• Clients provide security/escort for safe drone use.

• Capture And Motion may stop or refuse flights if unsafe; no refund for drone denial.

• Clients bear damage/loss liability caused by unsafe conditions or invalid permissions.

• Drone footage follows the same payment, approval, raw data, and usage policies.

• Insurance may be required for high-risk shoots.

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20. Property & Model Release

• Property Release: For shoots on private property, the client must ensure all necessary permissions or written releases from owners or management are obtained before the shoot.

• Model Release: If identifiable people appear in the project (including employees, residents, or extras), model release forms must be signed permitting use in marketing, promotional, or commercial contexts.

• Capture And Motion Support: Capture And Motion can provide standard property and model release forms for the client’s use.

• Capture And Motion may refuse to use images/videos without proper releases.

• Obtaining signed releases is primarily the client’s responsibility, unless otherwise agreed in writing.

• Capture And Motion is not liable for disputes arising from missing or invalid releases.

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21. Safety & Conduct

• Capture And Motion may pause or cease work if conditions are unsafe, abusive, or unprofessional.

• No refunds apply in such cases.

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22. Force Majeure

• Capture And Motion is not liable for delays due to natural disasters, strikes, government restrictions, or technical failures.

• Clients notified promptly, timelines adjusted reasonably.

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23. Crew Engagement & Third-Party Personnel

• Capture And Motion may engage freelance, contractual, or third-party crew members for project execution. All such personnel operate under the direction and creative control of Capture And Motion and are governed by Annexure A - Crew Hiring & Engagement Policy, which forms an integral and binding part of this Production Policy.

• Capture And Motion is not responsible for personal equipment, belongings, or personal injury of crew members unless caused by proven gross negligence.

• Delays arising from crew availability due to illness, force majeure, or regulatory restrictions shall not be considered a breach of contract.

• Crew members are prohibited from publishing BTS or project material without prior written approval.

• Capture And Motion shall not be liable for delays, rework, or limitations arising from crew non-performance beyond reasonable control.

 

24. Intellectual Property & Licensing

• Ownership remains with Capture And Motion until full payment.

• Post-payment, clients acquire usage rights as defined; underlying IP remains Capture And Motion’s.

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25. Data Protection & Privacy

• Capture And Motion complies with applicable data protection laws.

• Clients must disclose sensitive or personal data for regulatory compliance.

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26. Limitation of Liability

• Capture And Motion’s total liability is limited to the fees paid for the project.

• Excludes indirect, consequential, or lost profit claims.

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27. Governing Law & Dispute Resolution

• This agreement shall be governed by and construed in accordance with the laws of India.

• Any disputes arising out of or in connection with this agreement shall first be attempted to be resolved through mutual discussion.

• In the event that such resolution is not achieved, the dispute shall be subject to the exclusive jurisdiction of courts at Yamuna Nagar, Haryana, India.

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28. Acceptance

Confirmation of booking, payment of advance, or written communication approving the quotation shall constitute legal acceptance of this Production Policy and Annexure A.