Awaken Motion, LLC
Last updated: February 27, 2026

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These Terms and Conditions ("Terms") govern:

• your access to and use of the website operated by Awaken Motion, LLC ("Company," "we," "us," or "our"), and

• any photography, cinematography, or related creative services we provide, whether booked through this website, by email, in person, or by signed agreement (collectively, the "Services").

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By using this website, submitting a booking inquiry, signing a proposal or contract, paying an invoice, or otherwise engaging us for Services, you agree to be bound by these Terms. If you do not agree, you must not use this website or engage us for Services.

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1. Parties

All Services are provided by Awaken Motion, LLC, a Nebraska limited liability company. Any reference to "Client," "you," or "your" refers to the individual or legal entity accessing the website and/or engaging the Company for Services.

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2. Relationship to Project Agreements

For many projects, you and Awaken Motion, LLC may enter into a separate written agreement, estimate, statement of work, or proposal (each, a "Project Agreement") that sets out project-specific details such as scope of work, pricing, timelines, deliverables, and usage rights.

If there is any conflict between these Terms and a signed Project Agreement, the Project Agreement will control for that specific project. These Terms will continue to apply to all matters not addressed or expressly modified in the Project Agreement.

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3. Acceptance of Terms

By accessing or using this website, or by engaging the Company for Services in any manner, you confirm that you:

• have read and understood these Terms;

• are at least 18 years old or have legal capacity to contract; and

• have authority to bind yourself or the business entity you represent.

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4. Intellectual Property Rights

All photographs, videos, audio-visual works, designs, graphics, text, logos, and other content created by or displayed on behalf of Awaken Motion, LLC (the "Content") are owned exclusively by the Company or used with permission from third parties.

You may not copy, download, reproduce, modify, publish, distribute, sell, license, or otherwise exploit any Content without the Company’s prior written permission, except where expressly allowed in a Project Agreement or license.

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5. Image and Footage Licensing

Unless otherwise stated in a Project Agreement:

• The Company retains all copyright and intellectual property rights in all images, footage, and other deliverables created in the course of providing the Services.

• Upon full and cleared payment, the Client receives a limited license to use the delivered work as specified in the relevant Project Agreement, invoice, or written communication.

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Typical usage (which may be customized per project) includes:

• Personal clients – A non-exclusive, non-transferable license for personal use (such as sharing with friends and family, personal social media, and personal prints).

• Commercial clients – A non-exclusive license to use the work for internal business, marketing, promotional, or advertising purposes as outlined in the Project Agreement or written confirmation.

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Any use outside the agreed license (including resale, sublicensing, distribution to third parties, use in products for sale, or transfer of rights) requires the Company’s prior written consent and may be subject to additional fees.

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6. Portfolio and Promotional Use

Unless otherwise agreed in writing (such as through a non-disclosure agreement or specific clause in a Project Agreement), Awaken Motion, LLC may use images and footage created for the Client for portfolio purposes, website galleries, social media, showreels, competitions, and other professional self-promotion.

If you require strict confidentiality (for example, unreleased campaigns, internal projects, or sensitive commercial work), you must request this in writing before the project begins so appropriate terms can be agreed.

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7. Client Confidentiality

The Company will treat non-public client information and project details as confidential and will not intentionally share such information with third parties except:

• as necessary to perform the Services (for example, with trusted subcontractors or assistants);

• as required by law, court order, or governmental request; or

• as otherwise authorized by the Client in writing.

Any non-disclosure obligations in a signed NDA or Project Agreement will control if they differ from this section.

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8. Services, Booking, and Payment

• A booking is not considered confirmed until the Client has accepted a Project Agreement, quote, or written proposal (including via e-signature or written email confirmation, where permitted) and any required retainer or deposit has been received.

• Payment terms, fees, deliverables, and timelines will be set out in the relevant Project Agreement or invoice.

• Unless otherwise stated, retainers or deposits are non-refundable, as they secure the Company’s time and resources.

• The Client is responsible for providing accurate information, timely approvals, and necessary access (locations, people, products, etc.) to allow the Company to perform the Services.

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9. Cancellations, Rescheduling, and Refunds

Specific cancellation and rescheduling terms may be detailed in the Project Agreement. Unless that agreement says otherwise, the following applies:

• If the Client cancels a project after a retainer or deposit has been paid, the retainer or deposit is non-refundable.

• Rescheduling requests will be considered in good faith and may be accommodated subject to the Company’s availability. The Company may treat repeated or last-minute rescheduling as a cancellation and may require an additional retainer or fee.

• If the Company must cancel due to illness, emergency, or circumstances beyond its reasonable control, the Company may offer to reschedule or, if rescheduling is not possible, may refund the Client’s retainer or deposit as the Client’s sole remedy.

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10. Client Responsibilities

The Client is responsible for:

• securing all necessary permissions, releases, and access (for example, property permissions, location permits, and appearance releases for individuals when the Client is responsible for them);

• complying with venue rules, laws, and regulations at all locations; and

• ensuring that any materials, branding, or content the Client provides for inclusion in the project do not infringe the rights of third parties.

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The Company may refuse to photograph or film situations that are unsafe, unlawful, or otherwise inappropriate in its reasonable judgment.

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11. No Personal Liability

All Services are provided solely by Awaken Motion, LLC. No member, manager, officer, employee, or agent of the Company—including Andrew Marinkovich—shall have any personal liability for obligations arising from or relating to these Terms, any Project Agreement, the website, or the Services.

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Any claim, dispute, or cause of action you may have must be brought only against Awaken Motion, LLC, and not against any individual associated with the Company.

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12. Liability Limitations

To the fullest extent permitted by law:

• The Company will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of data, or loss of opportunity, arising from or related to the website, the Services, or these Terms.

• The Company is not responsible for delays or failures caused by events beyond its reasonable control, such as acts of God, severe weather, illness, equipment failure, power outages, or actions of third parties.

• The Company’s total aggregate liability for any claim arising out of or relating to the website, the Services, these Terms, and any Project Agreement shall not exceed the total fees actually paid by the Client to the Company for the specific project giving rise to the claim.

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13. Website Use and Third-Party Links

You agree not to misuse this website, attempt to gain unauthorized access, or engage in activity that interferes with its operation.

This website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company is not responsible for the content, policies, or practices of any third-party websites or services and does not endorse them.

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14. Privacy

The Company’s collection and use of personal information through this website and in the course of providing Services are governed by its Privacy Policy, which is incorporated into these Terms by reference. By using the website or engaging the Company, you consent to the handling of your information as described in the Privacy Policy.​

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15. Governing Law and Venue

These Terms, the website, and any Services provided by Awaken Motion, LLC are governed by the laws of the State of Nebraska and applicable federal law, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms, the website, or the Services shall be brought exclusively in the state or federal courts located in Nebraska, and you consent to the personal jurisdiction of those courts.

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16. Changes to These Terms

The Company may update or modify these Terms from time to time. When changes are made, the "Last updated" date at the top of this page will be revised. Continued use of the website or engagement of the Services after changes are posted constitutes your acceptance of the revised Terms.

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17. Contact Information

For questions about these Terms, Project Agreements, licensing, or other matters, please contact:

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Awaken Motion, LLC
Attn: Andrew Marinkovich, Authorized Agent
Omaha, Nebraska, USA

Email
402-960-6944