1. The Agreement

ThriceZed and the Client agree the details of each booking directly, including the package selected, the events to be covered, the dates and locations, the approximate video length, the total fee, and the delivery turnaround. Those agreed booking details, together with these terms, form the whole agreement for that booking.

Where a booking detail and these terms conflict, the detail agreed for that specific booking controls for that booking only. Everything else in these terms continues to apply.

2. Services and Deliverables

ThriceZed will attend the events agreed at booking, record video footage, and produce an edited highlight video of approximately the agreed length (the "Deliverable"). Creative decisions, including shot selection, pacing, music, color, and final edit, rest with ThriceZed, subject to the revision process in Section 7.

The Deliverable is provided by digital delivery. Any additional services, including extra video length, effects or CGI scenes, additional games, or rush delivery, are billed at the rates published by ThriceZed and must be agreed in advance.

3. Fees and Payment

1. The total fee is the amount agreed at booking.
2. Where a deposit is agreed, it is non-refundable, and the booking is not confirmed and no date is held until the deposit is received.
3. The remaining balance is due before the Deliverable is released, unless otherwise agreed.
4. ThriceZed may withhold delivery of any Deliverable while any amount remains unpaid.
5. Travel beyond the standard service area, where applicable, is billed as agreed at booking.

4. Scheduling, Cancellation, and Postponement

1. If the Client cancels more than seven (7) days before a scheduled event, any amounts paid beyond the deposit are refunded. The deposit is not refundable.
2. If the Client cancels within seven (7) days of a scheduled event, the full fee for that event remains due.
3. If an event is postponed, cancelled, or shortened by the school, league, venue, officials, or weather, ThriceZed will make reasonable efforts to reschedule at no additional service fee. If rescheduling is not possible, the parties will agree on a substitute event or a partial refund of amounts attributable to the missed event, less the deposit.
4. The Client is responsible for giving ThriceZed accurate event dates, times, and locations, and for notifying ThriceZed promptly of any change.

5. No Performance Guarantee

ThriceZed provides videography and editing services only. The Client acknowledges and agrees that:

1. ThriceZed documents events as they occur and does not influence, coach, or control athletic performance, playing time, game outcomes, or the conduct of any player, coach, team, official, or spectator.
2. The content of the Deliverable depends entirely on what occurs during the recorded event. ThriceZed makes no representation, warranty, or guarantee as to the athlete's athletic performance, the amount of playing time received, or the number or quality of highlight-worthy plays available to capture.
3. ThriceZed makes no representation, warranty, or guarantee that any Deliverable will result in athletic recruitment, scholarship offers, roster selection, sponsorship, media attention, or any particular level of social media engagement or audience response.
4. Fees are paid for the services performed, not for any particular result. No refund, discount, credit, or re-shoot is owed on the basis that the Client or the athlete is dissatisfied with the athlete's own athletic performance, playing time, or the events that occurred during the recorded event.

6. ThriceZed Service Failures

Section 5 addresses matters outside the control of ThriceZed. This section addresses matters within its control. If ThriceZed fails to attend a scheduled event, or if footage is unusable because of equipment failure, operator error, or data loss attributable to ThriceZed, then ThriceZed will, at the Client's election:

1. Record a substitute event of comparable scope at no additional service fee; or
2. Refund the portion of the fee attributable to the affected event.

This section states the Client's exclusive remedy for a service failure by ThriceZed.

7. Delivery, Review, and Revisions

1. ThriceZed will deliver the Deliverable within the turnaround agreed at booking, measured from the later of the final recorded event or receipt of full payment.
2. The Client may request one (1) round of reasonable revisions within seven (7) days of delivery. Revisions are limited to adjustments such as clip selection, trimming, ordering, and text corrections.
3. Requests that change the agreed scope, including added length, added events, or new effects work, are additional services and are billed accordingly.
4. If the Client does not request revisions within seven (7) days, the Deliverable is deemed accepted.

8. Raw Footage

Raw and unedited footage is the property of ThriceZed and is not included in the services. ThriceZed will retain raw footage for at least thirty (30) days after delivery and may delete it after that period without notice. Raw footage may be made available for an additional fee agreed in advance, at the sole discretion of ThriceZed.

9. Ownership and Client Use License

ThriceZed retains all copyright and ownership in all footage and Deliverables produced under these terms. Upon receipt of full payment, ThriceZed grants the Client a perpetual, non-exclusive, non-transferable license to use the Deliverable for personal, non-commercial purposes, including recruiting and personal social media, provided that credit to ThriceZed is retained where present and no watermark or credit is removed.

Commercial use of the Deliverable by the Client, or use by a school, league, brand, or other organization, requires prior written authorization from ThriceZed. ThriceZed may use footage and Deliverables in its own portfolio, website, social media, and promotional materials, unless the Client requests otherwise in writing before delivery.

10. Likeness, Consent, and Minors

1. By booking, the Client consents to being photographed and recorded by ThriceZed and to the use of the resulting footage as described in Section 9.
2. Where the athlete is under 18 years of age, the person making the booking confirms that they are the athlete's parent or legal guardian, or are otherwise authorized to give consent on the athlete's behalf, and gives that consent by booking.
3. ThriceZed records in public and semi-public sporting environments where other players, coaches, officials, and spectators may appear incidentally. The Client acknowledges that ThriceZed does not obtain individual releases from such persons.
4. The Client may withdraw consent for future promotional use by ThriceZed by written notice to Nick@thricezed.com. Withdrawal does not require removal of materials already published.

11. Venue Access and Permissions

The Client is responsible for confirming that recording is permitted at each event and for obtaining any approval required by the school, league, venue, or governing body. If ThriceZed is denied access, removed, or restricted from recording by a venue, school, league, or official, that event is treated as a Client cancellation under Section 4.B, and ThriceZed is not liable for the resulting loss of footage.

12. Limitation of Liability

To the maximum extent permitted by law, the total liability of ThriceZed arising out of or relating to these terms, on any theory of liability, will not exceed the total fees actually paid by the Client for the booking in question. ThriceZed is not liable for indirect, incidental, consequential, special, or punitive damages, or for lost opportunities, lost recruitment prospects, or lost profits, even if advised of the possibility of such damages.

13. Indemnification

The Client agrees to indemnify and hold harmless ThriceZed from any claim, loss, or expense, including reasonable attorney fees, arising out of the Client's breach of these terms, the Client's use of any Deliverable, or any inaccuracy in the consent or authority the Client confirms in Sections 10 and 11.

14. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including severe weather, natural disaster, illness or injury, power or network failure, civil disturbance, government action, or the cancellation or closure of a venue, school, or league. Section 4.C governs rescheduling in those circumstances.

15. Independent Contractor

ThriceZed performs the services as an independent contractor. Nothing in these terms creates an employment, partnership, joint venture, or agency relationship between the parties.

16. Governing Law and Venue

These terms are governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. The parties agree that the state and federal courts located in North Carolina are the proper venue for any dispute arising out of these terms.

17. Changes to These Terms

ThriceZed may update these terms at any time. The version published on this page at the time a booking is made governs that booking. Changes do not apply retroactively to a booking already agreed.

18. General

These terms, together with the booking details agreed with the Client, are the entire agreement between the parties regarding the services and supersede any prior discussion or understanding. If any provision is found unenforceable, the remaining provisions remain in full force. A failure to enforce any provision is not a waiver of the right to enforce it later. Sections 5, 8, 9, 12, and 13 survive completion of the services.