Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website operated by SUNBREAK FILMS, LLC ("SUNBREAK," "we," "our," or "us"), and our creative production services.

By accessing the site or engaging us to perform services, you agree to be bound by these Terms. If you do not agree, do not use the site or our services.

SUNBREAK provides commercial film and photography production services, including brand strategy, video production, photography, and ongoing creative retainers.

The specific scope, deliverables, timeline, and payment terms for any engagement are defined in a separate written Statement of Work, Project Agreement, or Retainer Agreement signed by both parties (each, a "Project Contract"). The Project Contract governs the engagement and supersedes any conflicting terms on this site.

Payment terms, including deposit, milestone payments, and net terms, are defined in each Project Contract. Unless otherwise stated:

• A 50% deposit is required before production begins.
• The balance is due upon delivery of final assets.
• Invoices are payable within 14 days of receipt.
• Past-due balances accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
• Reasonable collection costs and attorneys’ fees are recoverable on past-due accounts.

Site content: All content on this website, including text, graphics, logos, images, video, and software, is owned by or licensed to SUNBREAK and protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written permission.

Client work: Ownership and license terms for deliverables produced under a Project Contract are governed by that Project Contract. Absent contrary terms, SUNBREAK retains ownership of all preliminary materials, raw footage, outtakes, and project files; the client receives a license to the final delivered assets for the agreed scope of use.

Portfolio rights: SUNBREAK retains the right to display delivered work in our portfolio, reels, case studies, and marketing materials unless restricted in writing in the Project Contract.

You are responsible for:

• Providing accurate information, brief materials, brand assets, and feedback on time.
• Obtaining all necessary rights, permissions, releases, and clearances for any content, locations, talent, or materials you supply.
• Approving deliverables within the timelines specified in the Project Contract.
• Paying invoices on time and in accordance with the Project Contract.

You agree not to:

• Use the site for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any portion of the site or related systems.
• Interfere with or disrupt the operation of the site, including by transmitting viruses or other malicious code.
• Scrape, harvest, or collect information about other users.
• Use any robot, spider, or automated means to access the site for any purpose without our prior written consent.

The site is provided "as is" and "as available," without warranties of any kind, either express or implied. To the maximum extent permitted by law, SUNBREAK disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the site will be uninterrupted, error-free, or free of harmful components. Your use of the site is at your own risk.

To the maximum extent permitted by law, SUNBREAK and its officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, arising out of or in connection with your use of the site or our services.

Our total cumulative liability for any claim arising out of or relating to a Project Contract will not exceed the total amount paid by you to SUNBREAK under that Project Contract in the 12 months preceding the claim.

You agree to defend, indemnify, and hold harmless SUNBREAK, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your use of the site, or any content or materials you supply.

These Terms and any Project Contract are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or our services that cannot be resolved through good-faith negotiation will be resolved through binding arbitration in Los Angeles County, California, administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek equitable relief in any court of competent jurisdiction to protect intellectual property rights.

We may update these Terms from time to time. The "Last updated" date at the top of this page shows the latest revision. Material changes will be announced on the site or by email to active clients. Your continued use of the site after a change takes effect constitutes acceptance of the revised Terms.

Questions about these Terms?

Email: maceo@sunbreakfilms.com

Mail: SUNBREAK FILMS, LLC, Santa Monica, California