Policies
VIDEO MOMENTOS
and La Jolla Legal Video and Multimedia strive to remain professional
and dignified in all its business practices producing a video product
that is in keeping with the Federal Rules of Civil Procedure and The
Federal Rules of Evidence to the best of our ability.
VIDEO MOMENTOS
and La Jolla Legal Video and Multimedia act as a Disinterested
Third Party (excluding Settlement Documentaries*):
It is our policy to act as a disinterested
third party in preparing and presenting courtroom video evidence. We
will not participate in inadmissible evidence techniques that include,
but are not limited too: positive or negative camera angles, lighting,
and audio dubbing, etc. These practices are illegal and may result in
evidence being impeached in court. We will be happy to assist our clients
to preparing, directing & producing professional video evidence
that clearly portrays an accurate representation of the evidence in
question.
It is our policy to ALWAYS use a Time/Date
Indicator, burning this information continuously right onto the original
videotape which will be used as evidence in a court of law. While certain
lower courts do not require the use of a time/date indicator, Federal
Courts do.
Additionally, we will NEVER edit or
otherwise alter the original videotape. We will, however, edit
from the original creating a "Presentation Tape" for use in
court. In the case of depositions, questions and answers may be edited
together from the original videotape, as a block, into a coherent final
copy for presentation in court.
Further, it is understood that any and all
footage shot by VIDEO MOMENTOS
and La Jolla Legal Video and Multimedia can be used as evidence
by both sides in a case.
* In the case of Settlement Documentaries,
our policy is as follows:
Because Settlement Documentaries are not intended
to be admitted as court evidence, we will work with & under the
direction of our client. Using our talents and equipment, it will be
our goal to produce a product which will influence the emotions and
level of understanding of the opposing party. Unlimited content guidelines
may include graphic images, pain, suffering, assignment of blame, narration,
music, graphics, etc. It will not be the position of our company to
determine the accuracy or inaccuracy of the final product. This will
be the decision of the client and his or her attorney.
It is understood that the client owns the
copyright to any and all footage that VIDEO MOMENTOS
and La Jolla Legal Video and Multimedia
is contracted to videotape. Further, it is the clients' responsibility
to obtain permission to use any copyrighted material used by VIDEO
MOMENTOS and La Jolla Legal
Video and Multimedia to produce any product requested by the
client.
Rates for Services:
It is our policy not to publish rates for
services. Rates may be quoted to qualified clients as requested via
telephone, fax, and e-mail. Excluding contracts, rates are subject to
change without notice. In some cases, we pay referral fees. We do not
discount. We do not work on contingencies. Rates may vary depending
on the type and length of project.
It is understood that Consulting Fees will
be assessed for meetings relating to video work regardless of whether
or not VIDEO MOMENTOS and La Jolla
Legal Video and Multimedia is contracted to work on any particular
project unless otherwise agreed upon ahead of time. Travel time is charged
at an hourly rate and travel expenses are incurred for work taking place
outside of San Diego County or on a per job basis.
"Stand-By" Availability:
It is our policy to "temporarily"
schedule services for clients. Depending on availability, we will reserve
a date & time for services without contract for a period of two
days. Within two days, a contract must be agreed to and signed or the
reservation will be removed and become available to other clients. In
certain instances when a different client contacts VIDEO MOMENTOS
and La Jolla Legal Video and Multimedia
and wishes to contract during a "Stand-By" period, VIDEO
MOMENTOS and La Jolla Legal Video
and Multimedia will contact
the "Stand-By" client and check on the current status. The
client has the right to request that the "Stand-By" status
remain in effect until the end of the original two day period or may
release VIDEO MOMENTOS and La
Jolla Legal Video and Multimedia
from it's "Stand-By" status thereby allowing VIDEO
MOMENTOS and La Jolla Legal Video
and Multimedia to contract
with another client.
Cancellations, No-shows, and Postponements:
It is our policy to charge the agreed and
contracted rate for services NOT performed due to Client's cancellations
that occur without a 48-hour notice from the original start time. Notice
may be given by calling 1.619.823.4336 during normal business hours.
Notice must be confirmed by VIDEO MOMENTOS
and La Jolla Legal Video and Multimedia to cancel contracted
billing.
In the event of a "no-show" client
or deponent, the client will be billed full rate as agreed and contracted
to. When a same day deposition postponement occurs, the client will
be billed from the original start time for the minimum rate and for
all subsequent hours at the hourly rate.
For multi-day depositions, the minimum charge
will be incurred for EACH of the subsequent days of the testimony.
Further it is understood that the minimum
fees include a set up scheduled to begin one-hour prior to the start
time on the notice. The videographer MUST have access to the
location of the deposition at least one hour prior to its scheduled
start time. It is the clients' responsibility to arrange for this access.
Out-of-Pocket Expenses:
It is our policy for our clients to directly
pay for all out-of-pocket expenses. Payments will be made directly from
our client to the firm charging the fee(s). These expenses may include
but are not limited to travel expenses such as hotel fees, plane tickets,
rental cars, mileage, meals, equipment rentals, subcontracting services
(such as voice talent, studios, 3D animation, etc.) or any other expense
which may occur. Receipts for certain expenses incurred by VIDEO
MOMENTOS and La Jolla Legal Video
and Multimedia
and directly will be submitted
to the client and added onto the project invoice for full reimbursement.
Editing:
Editing may be done from an original tape.
Fees are incurred on a half-day or full-day basis. Client agrees to
meet with VIDEO MOMENTOS and La
Jolla Legal Video and Multimedia
to discuss projects needs and also agrees to pay, in full, for
all editing time and expenses.
Payment for Services:
It is our policy to expect payment for service
to be paid on time. No original footage or final products will be released
to client until services are paid in full. We accept company & personal
checks and cash. Payment is due in full upon completion of work. We
do not bill third parties.
Limit of Liability:
It is our understanding that our clients are
educated in the field of practicing law. It is also our understanding
that our clients are educated as to any and all rules regarding the
admissibility of evidence in a court of law. It is our policy that our
client is the sole "producer" of any contracted project and
owns the rights to any footage. It is our policy that our clients approve
and are solely responsible for all decisions during the production of
and upon completion of project.
VIDEO MOMENTOS and
La Jolla Legal Video and Multimedia
and will not assume any
responsibility as to the results of the contracted project
VIDEO MOMENTOS and
La Jolla Legal Video and Multimedia
does not guarantee the admissibility of any video evidence
it produces
VIDEO MOMENTOS and
La Jolla Legal Video and Multimedia does not guarantee any
results from or out-come of
contracted projects
VIDEO MOMENTOS and
La Jolla Legal Video and Multimedia does not refund payments
for services rendered, regardless of outcome
VIDEO MOMENTOS and
La Jolla Legal Video and Multimedia is not responsible for
acts of nature or Acts of God that prevent production of video evidence
contracted for