Terms of Service for MCL Pictures

Website Terms of Use & Online Acknowledgment

0.1 Acceptance by Use. By visiting, browsing, filling forms on, or downloading from our website (the “Site”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

0.2 Constructive Notice for Projects. We routinely send Clients a link to this page and incorporate it by reference in proposals, emails, and invoices. By booking, you acknowledge you reviewed and accept these Terms as posted on the Site on the date of booking. We may update the Terms at any time by posting a revised version with a new “Last updated” date; continued use of the Site or our services after posting constitutes acceptance.

0.3 Informational Only; No Professional Advice. Content on the Site is for general information and marketing; it is not legal, financial, or compliance advice.

0.4 Ownership of the Site. The Site, text, images, video, designs, logos, and code are owned by us or our licensors and are protected by law. You may not copy, scrape, frame, or reverse-engineer the Site, remove notices, or use our marks without written permission.

0.5 Permitted/Prohibited Uses. You may use the Site for legitimate purposes, subject to law. You may not: (a) upload or transmit malware, spam, or illegal content; (b) attempt to gain unauthorized access; (c) use bots/scrapers to harvest data; (d) interfere with security or availability; (e) misrepresent your identity; or (f) infringe rights of others.

0.6 User Submissions. If you submit testimonials, reviews, or materials via the Site, you grant us a non-exclusive, worldwide license to display, reproduce, and distribute them for marketing and portfolio purposes, subject to any written embargo/NDA.

0.7 Third-Party Links/Tools. The Site may link to third-party sites or embed tools (e.g., video hosts, analytics). We are not responsible for those services.

0.8 Privacy; Cookies. We may use cookies and analytics. See our Privacy Policy for details and choices. By using the Site, you consent to such practices.

0.9 DMCA/Copyright Complaints. If you believe content on the Site infringes your rights, notify us at [hello@mangoconleche.com] with sufficient detail (works claimed, location/URL, your contact info, a good-faith statement, and your signature). We may remove or disable access at our discretion.

0.10 No Guarantee of Availability. The Site may be modified, suspended, or discontinued without notice. We make no warranty the Site will be uninterrupted or error-free.

1 - Definitions

• Project: The scope of work described in our written proposal/estimate (the “Proposal”).

• Deliverables: The final files/products specified in the Proposal.

• Materials: Any content you provide (logos, footage, music, scripts, images, data, “old material,” stock you own, etc.).

• Shoot Day / Half Day: A continuous block defined in the Proposal; unless stated, a Full Day is up to 10 hours portal-to-portal; a Half Day is up to 5 hours portal-to-portal. Overtime, travel, load-in/out count toward these caps.

• Approvals: Written sign-offs by your authorized representative via email, e-sign, text, or project platform.

2 - Quotes, Retainers, and Payment

2.1 Estimates valid for 14 days unless otherwise stated; prices exclude taxes, permits, guild/union costs, licensing fees, and third-party expenses unless expressly included.
2.2 Retainer/Booking Fee non-refundable (typically 50% or as stated) to reserve dates and begin pre-production; no dates held without payment.
2.3 Invoicing & Terms: 50% due to book; remaining balance due on delivery of first cut or when deliverables are made available, whichever is earlier.
2.4 Kill/Cancellation:

• 7+ days before first scheduled day: up to 50% of the remaining unpaid project minimum + non-recoverables.

• Inside 7 days: up to 75% of the remaining project minimum + non-recoverables.

2.5 Overtime/Overages billed at up to 1.5×–2× day rates; we may proceed with reasonable overages to protect safety/schedule/creative continuity.
2.6 Expenses: travel, per diems, mileage, parking, shipping, rentals, insurance riders, rush, data/archival media, transcription, captions, and other out-of-pockets are billable.

3 - Scheduling, Rescheduling & Weather

3.1 Rescheduling by Client: One reschedule 7+ days out may be accommodated subject to availability; reschedules inside 7 days may incur up to a 100% date-change fee plus third-party penalties.
3.2 Weather: We may call weather holds; unsafe/unsuitable conditions may trigger weather day billing (typically 50%–100% of day rates & hard costs).
3.3 Force Majeure: No liability for events beyond reasonable control; you remain responsible for amounts due for work and permitted expenses to date.

4 - Client Responsibilities

4.1 Point of Contact: One authorized decision-maker with approval authority.
4.2 Access & Permits: Unless engaged to secure them, you obtain permits, location access, parking, and HOA/venue approvals.
4.3 Safe Workplace: You warrant locations are safe; we may stop or relocate for safety; delays/overages are billable.
4.4 No Interference: Directing crew/talent is our role; BTS capture must not interfere with production or rights clearances.

5 - Materials You Provide (Including “Old Material”)

5.1 Rights & Clearances: For any Materials—archival/“old material,” stock, music, graphics, AI assets, or third-party works—you represent and warrant you own them or have express, written, commercial licenses from the original rights holders covering our use, modification, synchronization, adaptation, and intended distribution (media/territory/term). Provide proof upon request.
5.2 Indemnity: You will defend, indemnify, and hold us harmless from claims/damages/costs (including attorneys’ fees) arising from the Materials you provide or instruct us to use.
5.3 No Legal Review: We do not provide legal clearance unless expressly contracted; our silence/use is not a legal opinion.

6 - Releases: Talent & Location

6.1 Mandatory Releases: No filming without signed, legally sufficient releases for all on-camera individuals and properties as required.
6.2 If Client Provides Releases: You draft, collect, verify identity/authority, and maintain fully executed releases (including minors/guardians/unions/multi-party owners). You warrant adequacy for intended use.
6.3 If Company Coordinates Releases: When engaged, we use our standard forms; absent written objection, they are deemed approved.
6.4 Minors & Sensitive Content: Guardian consent and any special disclosures are required.
6.5 Recordkeeping: We keep release records; after full payment, copies are available upon request (admin fees apply).

7 - Drone / Aerial Operations (FAA)

7.1 Compliance: Conducted under FAA Part 107 and applicable local rules; subject to weather, airspace, NOTAMs/TFRs, visibility, and permissions.
7.2 Pilot Authority: Remote Pilot in Command has final authority to delay/modify/abort.
7.3 Authorizations/Waivers: Lead times/fees apply; if unobtainable, we may re-scope or cancel aerial portions; related costs remain billable.
7.4 Property Permissions: Client secures written permissions for takeoff/landing and overflight where required.
7.5 Operations Over People/Property: We comply with law and equipment category; no dropping/transporting objects unless permitted.

8 - Creative, Production & Post

8.1 Creative Control: We retain reasonable editorial discretion while honoring the Proposal.
8.2 Scope & Revisions: Unless stated, Deliverables include one (1) consolidated revision round on first cut; additional changes, re-edits, conforming, or re-shoots are billable.
8.3 Approvals/Deemed Acceptance: If no consolidated notes are provided within 7 days, the cut is accepted; later changes are out of scope.
8.4 Music & Stock: We can source licenses at cost plus admin; licenses are between you and the vendor unless otherwise stated.
8.5 AI & Plugins: We may use AI/tools; we do not train external models on your confidential footage; third-party license restrictions apply.
8.6 Color & Sound: Default for standard web; broadcast/cinema/5.1/spec masters are additional.

9 - Delivery, Formats & Archiving

9.1 Delivery: Via secure link in common web/social codecs unless specified. RAW/project files are not Deliverables unless purchased.
9.2 Storage: We maintain project assets for 60 days after final delivery. Extended archival available for a fee; otherwise, re-delivery is not guaranteed.
9.3 Loss of Data: We use professional practices, but digital media carries risk; see Section 13 limitations.

10 - Intellectual Property & Usage Rights

10.1 Ownership: Until paid in full, all footage, working files, and Deliverables remain ours. Upon full payment, we grant the license stated in the Proposal. If silent, default license is non-exclusive, non-transferable, worldwide, for two (2) years in digital/online channels. Broadcast, OOH, paid ads, theatrical, and print are excluded unless expressly licensed.
10.2 Restrictions: No sublicensing, resale, model-training, or unlawful/defamatory use.
10.3 Portfolio Rights & Credit: We may display Deliverables, BTS, and your marks in our portfolio, website, social, awards, and reels; embargo/NDA available if agreed in writing.
10.4 Footage Licensing to Client: Licensing of RAW/original footage is separate and subject to additional fees and restrictions.
10.5 Company Stock Licensing (Important):

• We may separately license our original video/audio captured during a Project as stock to third parties provided it does not disclose your confidential information or reasonably identify you/your employees/your private premises, unless (i) you consent in writing, or (ii) we have de-identified/abstracted the material (e.g., generic aerials, ambient SFX).

• Exclusivity/Opt-Out: If you require that no footage/audio from your Project be licensed as stock for any purpose, you must request an Exclusivity Addendum before the shoot. An exclusivity fee will apply; absent such addendum, we reserve the stock licensing right described above.

• Stock licensing revenue is separate from Project fees and does not reduce amounts owed by you.

11 - Confidentiality & Privacy

We keep your non-public information confidential and use it only for the Project, except as required by law or authorized by you. You are responsible for notifying us of any data-privacy requirements; additional compliance measures may be billable.

12 - Insurance & Risk Allocation

12.1 Insurance: We maintain industry-standard insurance.
12.2 Damage: You are responsible for loss/damage to our or rented gear caused by your personnel, attendees, pets, or vendors, and for loss/damage to locations, sets, and props under your control.

13 - Warranties, Limitation of Liability & Indemnification

13.1 Warranties: We will perform services in a professional manner consistent with industry standards. ALL OTHER WARRANTIES DISCLAIMED, including implied warranties of merchantability, fitness, and non-infringement.
13.2 Limitation: To the maximum extent permitted by law, our total liability for all claims related to the Project will not exceed the amounts you paid to us for the specific services giving rise to the claim. No consequential, incidental, special, punitive, or lost-profit damages.
13.3 Client Indemnity: You agree to defend, indemnify, and hold us harmless from claims, losses, and expenses (including reasonable attorneys’ fees) arising from (a) your Materials or instructions, (b) your failure to obtain releases/permissions, (c) your misuse of Deliverables, or (d) conditions at your locations.

14 - Subcontractors & Independent Contractor

We may engage subcontractors/vendors. We are an independent contractor; nothing creates employment, partnership, or joint venture.

15 - Non-Solicitation

For 12 months after the Project, you will not directly solicit for employment or independent engagement any crew/talent we introduce without our written consent (public postings excluded).

16 - Compliance, Ethics & On-Set Conduct

Harassment, discrimination, or illegal activity will not be tolerated. We may remove individuals or stop work if conduct is disruptive or unsafe; associated costs/delays are billable.

17 - Changes & Change Orders

Changes to scope, schedule, deliverables, locations, or specs require a written change order and may affect fees and timelines. We may proceed reasonably to prevent production loss while a change order is finalized; such work is billable.

18 - Termination

Either party may terminate for material breach after 10 days’ written notice and failure to cure. Upon termination, you pay for all work performed, holds, and non-recoverable costs. Sections that by nature should survive will survive (IP, confidentiality, payments, indemnities, limitations, choice of law, dispute resolution).

19 - Dispute Resolution & Governing Law

These Terms are governed by the laws of the Commonwealth of Puerto Rico. Any dispute will be resolved by binding arbitration in Puerto Rico, in English or Spanish at our election, before a single arbitrator under commercially reasonable rules. Either party may seek injunctive relief for IP/confidentiality in a court of competent jurisdiction.

20 - Notices

Notices must be in writing and sent to the addresses/emails on the Proposal or most recent written update. Notices are deemed received when delivered or when email delivery is verifiably sent without bounce.

21 - Miscellaneous

• Entire Agreement: These Terms + the Proposal constitute the entire agreement.

• Order of Precedence: If there’s a conflict, the Proposal controls, then these Terms.

• Severability: If a provision is unenforceable, the rest remains effective.

• No Waiver: Failure to enforce is not a waiver.

• Assignment: You may not assign without our consent; we may assign to a successor/affiliate.

• Electronic Signatures: E-signatures and approvals are valid and binding.

• Counterparts: Documents may be executed in counterparts.

• Language: If these Terms are translated, the English version controls unless we agree otherwise in writing.

Typical Production Policies (Reference)

• Meals/Breaks: Reasonable breaks; client-hosted catering or per diems may be required per Proposal.

• Wardrobe/HMU/Props: Provided as specified; otherwise client-supplied. Loss/damage of client-supplied items is at client risk.

• Safety: Standard set safety; stunts, watercraft, pyrotechnics, animals, or specialized rigs require prior written approval and additional insurance.

• BTS & Social: We may capture BTS for our portfolio unless you object in writing before the shoot.

• Translations/Captions: Client responsible for legal accuracy of translations and required disclosures.

• Accessibility: Upon request, we can provide captions, transcripts, and accessible formats at additional cost.

Acceptance

By signing the Proposal, paying any retainer, instructing us to proceed, or using our Site, you confirm you have read, understood, and agree to these Terms.

Terms of Service (Last updated: September 3, 2025)