Terms & Conditions

Payment types accepted through SquareUp:

Multi-day Productions:

• Deposit: We may require a deposit of at least 25% down to a book multi-day productions

• Half-Upfront: We require 50% of the quoted estimate at least 48 hours before the first day of the production for multi-day shoots

• Fees & Damage: You may receive an invoice higher than the initial quote if the days run into overtime, if equipment is damaged or stolen, for parking reimbursements, for batteries, and for various other fees/ purchases/ occurrences on set

• Cancellation:

  • If cancelled before two weeks out from the event start, you may receive a 100% refund of your deposit (minus credit card processing fees, minus time spent on prep work, minus any special equipment purchases, minus any hotel cancellation fees)

  • If cancelled between two weeks and 48 hours before the event starts, then the 25% booking deposit will not be refunded. If 50% of the estimate was paid, then only half will be refunded (as the 25% booking fee will be kept). If paid in full, then only 75% will be refunded (as the 25% booking fee will be kept).

  • If cancelled within 48 hours of the event's start date, then the event is no longer eligible for a refund, and no amount will be returned. (Within 48 hours, we are already packed up, all staff have already been paid, and we will not be able to replace the booked day with other work).

• Weather Policy: If filming or streaming an event outside and it starts to rain, snow, hail, lightning, or if winds become dangerously high, the event is immediately over. If the forecast looks bad, Malenky Productions may call it and shut down in order to protect the equipment from weather damage.

  • With the Weather Assurance Plan: If the plan is purchased, and the event has to be stopped and rescheduled, the client will only need to pay for mileage for the event makeup day, and may reschedule for any day that Malenky Productions does not already have booked.

  • Without Weather Assurance: If the event is cancelled or stopped due to weather, we may move to an indoor location, else the standard cancellation policy applies.

Payment

• Payments: The full amount invoiced is due NET-30 (that is  no more than 30 days after the invoice has been sent). Late payments are subject to an interest accrual of 15%.

  • Federal Late Payment Calculator over 30 Days  ☍

• Non-Profits: If applicable, please provide your Tax-Exempt Number as soon as possible so we don't add sales tax to your invoice.

• Sales Tax: NAICS Vendor Codes:

  • 512110 - Motion picture and video production: service is tax-exempt

  • 518210 - Video and audio streaming services: service is tax-exempt

  • 541430 - Graphic Design Services: service is tax-exempt

  • 541511 - Computer program or software development, custom: service is tax exempt

  • 532490 - Commercial Audio Visual Equipment Rental: Equipment rented from our Hilliard Ohio location will be charged sales tax at a rate of 7.5%

• Payment Types Accepted: 

  • We use SquareUp to email payable electronic invoices that may be paid with an ACH bank transfer or credit card. 

  • You may pay in person on our SquareUp terminal with credit card, Apple Pay, Google Pay, or Samsung Pay.

  • You may also pay in person with cash and exact change on the day of the event.

  • Or, you may mail a check to the following address (please add the date of the event in the check's memo line):

    • ATTN Billing Dept.
      Malenky Productions, llc
      4000 Leap Rd. #374
      Hilliard, Ohio 43026-1580

• Ownership:

  • Until payment is made in full, Malenky Productions owns all audio and video recordings, and if payment is not made within 90 days, media may be distributed, sold, and/or deleted.

  • Unless a contract limiting use is signed or an NDA is signed, Malenky Productions reserves the right to use up to 60 seconds for a reel of past work.

Special Notes for Live Event Services

• Test Your Internet Speed: Streaming online requires a lot of bandwidth. Before scheduling an online event, please make sure your internet can support the demanding upload speed requirements. Most home and business internet plans may have a high download speed but a very slow upload speed.

• Setup and Tear Down: We will generally arrive 2-3 hours before the event starts to set up and test, and it can take over an hour to tear down and pack up. Make sure to factor this time into your estimates, as you are billed for the setup and teardown time. Also, make sure your scheduling fits this setup and teardown. If you are renting a location, we will need early access and are not responsible if teardown runs long and accrues additional fees or interferes with another reservation's time slot.

• Noise Ordinances: Malenky Productions will follow the standard dB limit when producing an outdoor event. The client assumes the responsibility for knowing the specific laws of their area, for purchasing any permits that may be required, and for any fines or fees that may accrue from not properly following the area's noise ordinances.

File Transfer and Retention

• If Malenky Productions is not editing the footage, please bring a computer to download the footage at the end of the production. Note that some footage may result in extremely large file sizes; you may need high-capacity external hard drives to transfer and store the media. 

• If you do not download media on set, you may also mail media storage to us if needed, as large video files may not be able to be sent online. 

• If media can not be downloaded on set within a reasonable amount of time, Malenky Production may charge per day for data storage and may delete all footage after 30 days if the storage fee is not paid. 

• Once deliverables have been sent, we may completely delete all files from our system. You may ask us to keep backups of your RAW footage until editing is complete. This rate may be negotiated once the total file size is determined. We do not have unlimited storage space, so backups are not guaranteed.

Insurance, Liability, and Damage: 

• Malenky Productions will carry its own liability insurance for productions and live events to cover ourselves. It is expected but not required that the client will have insurance that covers everyone on set.

  • We use SkyWatch.AI for drone insurance

  • We use Thimble for hourly event insurance

• Productions must  provide a certificate of insurance (COI) for equipment rented and include a listing for Justin Malenky as an "additional insured and loss payee."  Productions and events lasting for only a few days will not be required to provide a COI, but are still responsible for paying for damage, loss, and/or theft by covering the full price of gear replacement and any loss of work.

• The productions and live events assume all responsibility for damaged, lost, or stolen items rented from Malenky Productions. The clients are also responsible for paying the deductible for any and all claims.

Copyright and Licensing: 

• Malenky Production will not film actors, film environments, or edit media if licenses / release forms / permits / proof of purchase can not be presented upon request. 

• When streaming music and/or video, it is the client's responsibility to make sure the proper licenses have been obtained.  

• Malenky Productions may turn down work or cancel contracts if we believe the media given to us was not legally purchased or obtained. 

• Unless a non-disclosure agreement is signed, Malenky Productions may use photos, screenshots, and short clips of your project for our own advertising and portfolio of work.

Drone Usage

• Some FAA restrictions may prevent flights in certain air spaces; clearance will be attempted, but authorisation may take time or be denied. Please provide an accurate list of all flight locations at least two days before the scheduled dates. FAA NOTAMs may take effect at any time and may prevent drone operation with little to no notice.

• Weather conditions must be above minimum visibility, below wind speed maximums, and have a clear forecast to fly in. This is a legal requirement from the US Federal Government, and we will not fly if the conditions are not 100% acceptable.

• Flying over people is currently illegal for all but the smallest of drones in the United States; flying over a crowd (outdoor assembly) is illegal for all drones (if a drone operator tells you otherwise, then they are most likely not legally licensed to fly).

• If Malenky Productions is hired to operate a drone but we are unable to fly, the client may still be billed for the full quoted price.

Left Behind Equipment

• Malenky Productions may help transport equipment during a production, but we do not provide equipment storage for others after project completion, and we will not take responsibility for theft or damage to equipment while in transport or storage. If equipment is left behind after a production, we will attempt to contact the owners and return the equipment; the production may be billed for the travel and time to return others' equipment. If equipment is not immediately picked up, Malenky Productions may charge a storage fee of $25 per day per item, if the storage fee of the item surpasses the value of the item itself, then we may take possession of the item, sell it, or trash it.

Locking Picking

• We regularly carry lock-picking tools with us as we have found that most event coordinators of large buildings, schools, and churches must rely on their building maintenance staff to access mechanical rooms and gates. We have had several events that were forced to change locations due to locked gates on fields and locked loading dock doors, and have also had to push back the start time to run out to rent generators after the power went out from blown breakers that could not be accessed. As this started to become a regular occurrence, we decided that it would be beneficial to provide a service to unlock locks when needed. Please note:

  • We will only unlock locks when a manager gives us permission to do so.

  • We may ask for a photo of the manager's driver's license as documentation of who gave us approval.

  • We will attempt to relock the doors and gates on our exit, but this is not guaranteed.

  • We will only try non-destructive unlocking techniques.

  • We do not guarantee that we will be able to unlock doors and gates, only that we will attempt to.

  • The need for us to unlock locks may incur additional charges.

  • The State of Ohio does not currently require a locksmith to be licensed or certified in the state.
    
    

Scripts & Software

• Scripts from our website and custom scripts commissioned are provided to the public and/or our clients under the MIT license. We do not guarantee the scripts or provide any type of warranty, as scripts that are used improperly can cause damage to media, system files, and/or networked devices. All software is provided "as is" and "use at your own risk".

- updated: 2026-04

- All terms and conditions are subject to change