Last updated 9/21/21

Amptek Productions, LLC Agreement

This Agreement (“Agreement”) is made effective by and between Amptek Productions, LLC (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a profile video product from Company. Client agrees to the terms and conditions below by submitting payment for the Product.

1. Digital Product Usage 

Client will receive the final product, delivered digitally via file sharing only, and has complete ownership of the final delivered video, to share, publish, reproduce freely. Company reserves all rights to the raw footage, but may offer to deliver additional edited segments for additional fee or other consideration.  

2. Fees & Payment Processing 

In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

3. Refund Policy 

Due to the nature of digital products, once any version of video is delivered to Client, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances. Up until that point, if a refund is requested, it shall be less Company time and fees accrued in connection with servicing the Product for the Client. 

4. Personal Information

By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

5. Revisions

Regarding the Product, the Company shall provide up to (2) virtual pre-production sessions,(1) virtual filming session, and up to (2) revisions of the final video as deemed necessary by the Company. By entering into this agreement, the Client is trusting the Company’s expertise and judgment regarding execution of the Product, and submitting to a process which is communicated on the website and through emails, with the understanding that this is not a custom video production service, but a templated video process. The Company will attempt to incorporate the Client’s requests for inclusion of specific content and soundbites, but ultimately the Company has final say over what constitutes the final Product. 

6. Warranties and Liability 

Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 

7. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees 

Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.

9. Release & Reasonable Expectations 

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: 

▪ Every client and final result using the Product is different;

▪ The Product is intended for a mass audience.

10. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.


 11. Venue and Jurisdiction

The laws of the State of Pennsylvania shall govern this contract, and any resulting arbitration shall take place within Allegheny County, Pennsylvania. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary. 

12. Mediation and Arbitration 

Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Allegheny County, Pennsylvania, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

13. Transfer 

This agreement cannot be transferred or assigned to any third party without written consent of both parties.


 14. Severability

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement

15. Advertising Material

The Company assumes permission to use content from the Client for portfolio and marketing purposes on the website, social media, and in other formats - unless the Client explicitly asks the Company not to. 

16. Delays

The Company shall make every effort to deliver the Product in a timely manner, however this is dependent upon Client participation with necessary meetings and email responses. If the Client, for any reason, stops participating, either by not responding to emails or not booking and showing up for meetings, after reasonable attempts have been made to encourage them, and it has been more than (3) months beyond the date of initial purchase, the Company has a right to terminate this agreement and the Client forfeits their right to any refund.


17. Process Meetings

If any pre-production or filming-session meeting is canceled and/or rescheduled more than (3) times, the Company has a right to terminate this agreement and the Client forfeits their right to any refund.

18. Confidentiality & Intellectual Property

All content, documents, and processes shared with the Client, necessary for the creation and delivery of the Product are considered to be the Company’s intellectual property. Although the Client is encouraged to publicly share their experience with others for purposes of helping the Company’s marketing and in gaining new customers, the Client agrees to not compete with the Company using any of this intellectual property.

The Client agrees to not use the Company’s intellectual property for creating similar videos as a service to others and agrees to not share this information with any known entity wishing to compete against the Company.

The Company reserves the right to refuse to do business with any Client, for any reason, especially if they are in a similar marketing or production business.