Terms & Conditions

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Motion Bodega ("we," "us," or "our"), a video production agency operating in the United States. By using our website or services in any capacity, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or any organization you represent.

These Terms apply to all visitors to our website, prospective clients, and current or past clients.

Motion Bodega provides video production services including, but not limited to:

• Commercial video production for television, streaming, and digital platforms
• Paid advertising content for platforms such as Meta, TikTok, YouTube, Google, and connected TV
• Organic social media video content for brand channels and creator accounts
• Pre-production services including concept development, scripting, and storyboarding
• Post-production services including editing, color grading, sound design, and motion graphics

The specific scope, deliverables, timeline, and pricing for each project are defined in a separate written project agreement, statement of work, or proposal ("Project Agreement") entered into between Motion Bodega and the Client.

We reserve the right to decline any project at our sole discretion.

All projects are governed by a Project Agreement executed prior to the commencement of work. The Project Agreement will specify:

• Deliverables, formats, and technical specifications
• Project timeline and key milestones
• Total fees, payment schedule, and deposit requirements
• Number of revision rounds included
• Ownership and licensing terms for the final content

Any work requested beyond the agreed scope ("Scope Creep") will require a written change order and may result in additional fees and adjusted timelines. We will notify the Client before proceeding with out-of-scope work.

These Terms apply in addition to any Project Agreement. In the event of a conflict, the Project Agreement shall control with respect to project-specific terms; these Terms shall govern in all other respects.

Deposit. A non-refundable deposit — typically 30% of the total project fee — is required to secure your project date and begin pre-production. Work will not commence until the deposit is received.

Final payment. The remaining balance is due upon delivery of the final deliverables, unless otherwise specified in the Project Agreement. Final files will not be released until payment is received in full.

Late payments. Invoices unpaid after 15 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. Motion Bodega reserves the right to pause or suspend active projects for accounts with overdue balances.

Expenses. Out-of-pocket production expenses — including location permits, talent fees, equipment rentals, travel, and third-party licensing — are billed separately and must be approved by the Client in advance.

Taxes. The Client is responsible for any applicable sales, use, or other taxes on services rendered.

Accepted payment methods. Payment methods are outlined in each invoice. We do not accept payment via cryptocurrency.

Client-owned materials. All content, assets, logos, trademarks, and brand materials provided by the Client remain the property of the Client. The Client represents and warrants that they have the right to use and share such materials with us for production purposes.

Ownership of deliverables. Upon receipt of full payment, Motion Bodega transfers to the Client the agreed license or ownership rights to the final deliverables as specified in the Project Agreement. Until full payment is received, Motion Bodega retains all rights to the work product.

Raw footage & project files. Unless expressly agreed in the Project Agreement, raw footage, project source files, and production assets remain the property of Motion Bodega and are not included in the deliverable.

Portfolio use. Motion Bodega reserves the right to display completed work in our portfolio, website, social media channels, and promotional materials, unless the Client requests confidentiality in writing prior to project commencement.

Third-party assets. Any third-party music, footage, fonts, or other licensed assets incorporated into deliverables are subject to the terms of their respective licenses. The Client is responsible for ensuring all licensed assets are properly cleared for their intended distribution and usage.

To ensure timely and successful delivery of your project, the Client agrees to:

• Provide all necessary materials, creative direction, brand guidelines, and approvals in a timely manner
• Designate a primary point of contact with authority to provide approvals and direction
• Respond to requests for feedback or approval within the timeframes outlined in the Project Agreement
• Ensure that all materials provided to Motion Bodega are free of third-party claims, licensed appropriately, and lawful to use
• Obtain all necessary permits, releases, and clearances for talent, locations, and third-party intellectual property provided by or required for the Client's project

Delays caused by the Client — including late approvals, missing materials, or changes in direction — may result in adjusted timelines or additional fees. Motion Bodega will not be held liable for project delays arising from Client-side causes.

Cancellation by Client. If the Client cancels a project after the deposit has been paid, the deposit is non-refundable. If cancellation occurs after production has begun, the Client will be invoiced for all work completed to date, plus any non-recoverable expenses incurred.

Cancellation by Motion Bodega. We reserve the right to terminate a project if the Client fails to make timely payments, acts in breach of these Terms, or engages in conduct that is unlawful, abusive, or harmful. In such cases, the Client will be invoiced for all work completed to date.

Force majeure. Neither party shall be held liable for delays or failure to perform resulting from circumstances beyond their reasonable control, including natural disasters, illness, government action, or platform disruptions. Both parties will work in good faith to reschedule or otherwise resolve affected projects.

Each project includes a set number of revision rounds as specified in the Project Agreement. A "revision" means minor adjustments within the agreed scope — such as timing, text, color, or audio tweaks. Revisions do not include changes to the fundamental creative direction, re-shoots, or significant structural edits, which will be treated as out-of-scope.

Revision requests must be submitted in writing (email is acceptable) and consolidated into a single round of notes per review cycle. Motion Bodega will not be responsible for addressing feedback submitted outside of the agreed review process.

Once final deliverables are approved in writing by the Client, they are considered accepted. Requests for changes after final approval will be quoted as a new project or change order.

Both parties agree to keep confidential any non-public information shared during the course of a project, including but not limited to business strategies, unreleased campaigns, creative concepts, pricing, and client data. This obligation survives the termination of the project or these Terms.

Confidentiality does not apply to information that: (a) is or becomes publicly known through no fault of either party; (b) was already known to the receiving party prior to disclosure; (c) is disclosed with prior written consent; or (d) is required to be disclosed by law or court order.

If a more detailed non-disclosure agreement is required, the parties may execute a separate NDA prior to project commencement.

To the fullest extent permitted by applicable law, Motion Bodega's total liability to the Client for any claims arising out of or related to these Terms or any Project Agreement shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

In no event shall Motion Bodega be liable for any indirect, incidental, consequential, special, or punitive damages — including lost profits, lost revenue, loss of data, or reputational harm — even if we have been advised of the possibility of such damages.

The Client agrees to indemnify, defend, and hold harmless Motion Bodega and its team members, contractors, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Client's use of the deliverables
• Any materials or content provided by the Client to Motion Bodega
• Any breach of the Client's representations, warranties, or obligations under these Terms
• Any claim that the Client's materials infringe the intellectual property rights of a third party

These Terms and any disputes arising from them shall be governed by the laws of the United States and the State of Texas in which Motion Bodega is principally located, without regard to conflict of law principles.

In the event of a dispute, both parties agree to first attempt to resolve the matter informally through good-faith negotiation. If a resolution cannot be reached within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), unless both parties mutually agree to an alternative resolution method.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Motion Bodega reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. For active projects, the Terms in effect at the time the Project Agreement was executed will govern that project unless both parties agree otherwise in writing.

Your continued use of our website or services following any changes constitutes your acceptance of the revised Terms.

If you have any questions about these Terms or wish to discuss a project, please reach out:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

These Terms, together with any applicable Project Agreement, constitute the entire agreement between the Client and Motion Bodega with respect to the subject matter herein and supersede all prior discussions, representations, or agreements.