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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

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