Last updated: 7/6/2024.
This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement by and between CHALK CREATIVE LLC, a limited liability company organized under the laws of the state of Arizona, doing business as Hopscotch ("Hopscotch", "Company", "Producer", "we", "our", "us") and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Hopscotch’s website: https://www.hopscotchvideo.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Hopscotch shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Hopscotch for services rendered shall remain and continue to be an ongoing obligation owed by Client to Hopscotch.
1.1 Client Responsibilities: Client shall provide production notes, celebrity talent, creative guidance/supervision, and related clearances as required for the project.
1.2 Producer Responsibilities: Hopscotch shall deliver the completed project media(s) pursuant to this Agreement. Hopscotch shall deliver to Client consents, waivers, or releases from all talent and all persons or entities who have rendered services to Hopscotch in connection with the Specified Media(s) to the extent permissible by applicable union or guild agreements. Hopscotch shall supply everything else required for the delivery of the Specified Media(s).
If at any time, Client desires to make any changes or variations beyond the scope of the Hopscotch contract, which includes:
And such changes result in additional costs to Hopscotch, including person hours, reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.
Hopscotch retains all rights, title, and interest in and to all footage and assets captured during the production. However, Hopscotch grants Client a perpetual, non-exclusive, worldwide license to use the delivered footage and videos digitally only. This license includes the right to display, distribute, and promote the footage and videos on digital platforms, but does not include the right to use the footage and videos for broadcast, print, or any other non-digital media without prior written consent from Hopscotch.
Hopscotch understands that some information for said media(s) may be of a confidential and/or sensitive nature. Hopscotch agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the Specified Media(s) except as such disclosure may be necessary for Hopscotch to produce media(s) in the usual and customary manner under this Agreement.
It is understood that Hopscotch’s status under this Agreement is that of an independent contractor and that all persons engaged by Hopscotch in performing its obligations shall not be deemed employees of Client.