Terms of Service
Effective date: March 2, 2026 · Company: The Etkins Media Group
Please read these Terms of Service ("Terms") carefully before engaging The Etkins Media Group ("we," "us," or "our") for any video production or content creation services. By submitting an inquiry, signing a retainer agreement, or otherwise engaging our services, you ("Client") agree to be bound by these Terms. If you do not agree, please do not engage our services.
1. Acceptance of Terms
By accessing our website, submitting a contact or inquiry form, or entering into a retainer or project agreement with The Etkins Media Group, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.
These Terms apply to all visitors, prospective clients, and current clients who interact with our website or engage our services. If you are entering into these Terms on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Services Provided
The Etkins Media Group is a video production and content creation agency based in the Washington, D.C. Metropolitan Area (DMV). Our services include, but are not limited to:
- Short-form social media video production (Instagram, TikTok, YouTube Shorts)
- Broadcast-quality TV commercial production
- Scriptwriting and creative direction
- Professional filming, lighting, and audio
- Post-production editing, color grading, and motion graphics
- Content strategy and platform optimization guidance
The specific deliverables, timelines, and scope of work for each engagement are defined in the applicable retainer agreement or project proposal agreed upon by both parties. These Terms govern the general relationship between The Etkins Media Group and the Client; the retainer agreement governs the specific engagement.
3. Retainer Agreements & Packages
Our primary service model is a monthly retainer, under which the Client pays a fixed monthly fee in exchange for a defined package of video production services. Retainer packages are offered at multiple tiers, each specifying the number and type of deliverables included per month.
Package Terms
- Retainer agreements require a minimum commitment period as specified in the signed agreement (typically 6 or 12 months).
- Unused deliverables within a given month do not roll over to subsequent months unless explicitly agreed upon in writing.
- Package upgrades may be requested at any time and will take effect at the start of the next billing cycle. Downgrades are subject to the minimum commitment period.
- Add-on services beyond the scope of the retainer package are available at rates agreed upon in writing prior to production.
Content Delivery
The Etkins Media Group delivers finished video files in agreed-upon formats and aspect ratios (e.g., 9:16, 16:9, 1:1). The Client is solely responsible for uploading, scheduling, and publishing content to their own social media accounts and platforms. The Etkins Media Group does not post content on behalf of clients unless explicitly agreed in writing as an add-on service.
4. Payment Terms
Invoicing & Due Dates
Retainer fees are invoiced monthly, in advance of the service period. Payment is due within 7 calendar days of the invoice date unless otherwise specified in the retainer agreement.
Late Payments
Invoices not paid within the due date may incur a late fee of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower. The Etkins Media Group reserves the right to pause or suspend production services for accounts with outstanding balances exceeding 14 days past due.
Accepted Payment Methods
Accepted payment methods will be specified in the retainer agreement or invoice. All fees are quoted and payable in U.S. Dollars (USD).
Taxes
The Client is responsible for all applicable taxes, duties, or levies arising from the engagement, except for taxes based on The Etkins Media Group's net income.
5. Cancellation & Termination
Client-Initiated Cancellation
The Client may cancel a retainer agreement by providing written notice at least 30 calendar days before the end of the current billing cycle, subject to any minimum commitment period specified in the retainer agreement. Cancellation during a minimum commitment period may result in an early termination fee equal to the remaining months' retainer fees.
The Etkins Media Group-Initiated Termination
The Etkins Media Group reserves the right to terminate an engagement immediately, without refund, if the Client:
- Fails to make payment within 30 days of the due date
- Engages in conduct that is abusive, threatening, or harassing toward The Etkins Media Group staff
- Requests content that is illegal, defamatory, or violates the rights of third parties
- Materially breaches any provision of these Terms or the retainer agreement
Effect of Termination
Upon termination, The Etkins Media Group will deliver all completed deliverables for which payment has been received. Work in progress at the time of termination will be delivered upon receipt of payment for the pro-rated portion of work completed. All outstanding invoices become immediately due and payable upon termination.
6. Intellectual Property
Ownership of Deliverables
Upon receipt of full payment for the applicable service period, The Etkins Media Group assigns to the Client all rights, title, and interest in the final video deliverables produced under the retainer agreement, including the right to use, reproduce, distribute, and publicly display the content for commercial purposes.
The Etkins Media Group Portfolio Rights
Unless the Client requests otherwise in writing prior to production, The Etkins Media Group retains the right to display finished deliverables in its portfolio, on its website, and across its social media channels for promotional purposes. The Client may revoke this right at any time by providing written notice, which will apply to future use only.
Third-Party Materials
The Client is responsible for obtaining all necessary licenses, permissions, and releases for any third-party materials (including music, footage, trademarks, and talent appearances) provided to The Etkins Media Group for inclusion in deliverables. The Etkins Media Group is not liable for any claims arising from the Client's failure to secure such rights.
Pre-Existing Materials
Each party retains ownership of its pre-existing intellectual property. Nothing in these Terms transfers ownership of either party's pre-existing materials to the other party.
7. Client Responsibilities
To enable The Etkins Media Group to deliver services effectively, the Client agrees to:
- Provide timely feedback, approvals, and any required materials (brand guidelines, logos, scripts, talent, locations) within the timeframes specified in the retainer agreement or project schedule.
- Designate a primary point of contact who has authority to approve creative work and make decisions on behalf of the Client.
- Ensure that all information, materials, and content provided to The Etkins Media Group are accurate, lawful, and do not infringe the rights of any third party.
- Maintain sole control over and responsibility for all social media accounts, platforms, and credentials. The Etkins Media Group will not request access to Client accounts unless explicitly agreed as an add-on service.
- Notify The Etkins Media Group promptly of any changes to brand guidelines, business circumstances, or project scope that may affect production.
Delays caused by the Client's failure to meet these responsibilities may result in adjusted delivery timelines and are not grounds for service credits or refunds.
8. Revisions & Approvals
Each deliverable includes a defined number of revision rounds as specified in the retainer agreement (typically two rounds of revisions per deliverable). Revision requests must be submitted in writing within 5 business days of delivery. Requests submitted after this window may be treated as new deliverables and billed accordingly.
Additional revision rounds beyond those included in the package are available at an hourly rate agreed upon in the retainer agreement. Revisions that constitute a significant change in scope or creative direction (e.g., complete concept changes, reshoots) may be scoped and quoted separately.
Deliverables not responded to within 10 business days of delivery will be deemed approved by the Client.
9. Confidentiality
Each party agrees to keep confidential any non-public, proprietary, or sensitive information disclosed by the other party in connection with the engagement ("Confidential Information"), and to use such information solely for the purposes of performing obligations under these Terms.
Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this agreement; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or court order.
This confidentiality obligation survives termination of the engagement for a period of 2 years.
10. Disclaimers & Limitation of Liability
No Guarantee of Results
The Etkins Media Group does not guarantee any specific business outcomes, including but not limited to follower growth, engagement rates, sales conversions, or broadcast placement. The effectiveness of video content depends on many factors outside our control, including platform algorithms, market conditions, and the Client's own marketing efforts.
Services Provided "As Is"
Our website and any tools or resources provided therein are offered on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
To the maximum extent permitted by applicable law, The Etkins Media Group's total liability to the Client for any claim arising out of or related to these Terms or the services provided shall not exceed the total fees paid by the Client to The Etkins Media Group in the 3 months immediately preceding the event giving rise to the claim.
In no event shall The Etkins Media Group be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or loss of goodwill, even if advised of the possibility of such damages.
11. Indemnification
The Client agrees to indemnify, defend, and hold harmless The Etkins Media Group and its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- The Client's breach of these Terms or any retainer agreement
- The Client's use or misuse of deliverables, including any claims of copyright, trademark, or other intellectual property infringement
- Any third-party materials provided by the Client for inclusion in deliverables
- The Client's violation of any applicable law or regulation
12. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, United States, without regard to its conflict of law principles.
In the event of a dispute arising out of or relating to these Terms or the services provided, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in Washington, D.C.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
13. Changes to These Terms
The Etkins Media Group reserves the right to update or modify these Terms at any time. When we make material changes, we will update the "Effective date" at the top of this page. For active clients under a retainer agreement, we will provide at least 30 days' written notice of material changes via email.
Your continued use of our website or services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must notify us in writing and discontinue use of our services.
14. Contact Us
If you have any questions about these Terms of Service or wish to discuss a specific engagement, please contact us:
The Etkins Media Group
Washington, D.C. Metropolitan Area (DMV)
Email: [email protected]
Website: etkinsmediagroup.com
These Terms were last updated on March 2, 2026. See also our Privacy Policy.