POWER UP Productions LLC
Terms & Conditions
April 2026 |
POWER UP Productions LLC · powerupvideo.com · Effective Date: April 1, 2026
​
THIS TERMS & CONDITIONS AGREEMENT (the "Agreement") governs all engagements
between POWER UP Productions LLC ("POWER UP") and clients, members, and website
visitors ("Client" or "you"). By purchasing services, enrolling in a membership, signing a
proposal, or using our website, you agree to these Terms in full.
POWER UP Productions LLC is a Virginia limited liability company operating at
powerupvideo.com. These Terms are governed by the laws of the Commonwealth of Virginia.
​
1. Services
POWER UP shall perform for Client the services described in the applicable proposal, invoice,
or membership enrollment (the "Services"). Client shall pay for the Services as set forth herein.
POWER UP offers the following engagement types, each subject to these Terms:
• AMP Membership — monthly content shoot membership for women, billed on a recurring
basis
• AMP Pro — dedicated quarterly or monthly content production retainer with coaching,
scripting, and post-production
• Visibility Blueprint — one-time strategic visibility and positioning engagement
• Content Engine — ongoing visibility strategy and content production retainer
• One-Off Projects — single event coverage, campaign, or production engagements
Specific deliverables, timelines, and pricing for each engagement are outlined in the applicable
proposal, invoice, or membership agreement. In the event of a conflict between these Terms
and a specific signed agreement, the specific signed agreement governs.
​
2. Cost & Payment
General
All fees are as stated in the applicable proposal, invoice, or membership enrollment. Payment is
processed through Stripe or HoneyBook. By providing payment information, Client authorizes
POWER UP to charge the applicable fees.AMP Membership
AMP Membership fees are billed automatically on a monthly recurring basis via Stripe. Current
rates:
• Founding Member Rate: $197/month — permanently locked for continuous active
members. Pausing or cancelling membership for any reason permanently voids the
founding member rate. Members who return after any lapse are enrolled at the then-
current standard rate with no exceptions.
• Standard Membership Rate: $297/month
POWER UP reserves the right to change standard membership pricing with 30 days written
notice to active members.
AMP Pro
Quarterly packages are billed per quarter upon signing. Monthly packages are billed monthly in
advance. Current rates:
• Quarterly — Starter: $1,250 | Growth: $1,750 | Premium: $2,500
• Monthly — Starter: $1,000 | Growth: $1,600 | Authority: $2,000
Subsequent payments auto-renew unless cancelled with 14 days written notice before the next
billing date.
Visibility Blueprint & One-Off Projects
A non-refundable deposit of 50% is due upon signing. The remaining balance is due day of
filming unless otherwise stated in the proposal.
Content Engine and General Client Retainers
Retainer fees are billed monthly in advance. First payment is due upon signing. Retainers
continue month-to-month unless either party provides 30 days written notice of cancellation.
Invoices not paid within 15 days of the due date may incur a late fee of 1.5% per month on the
outstanding balance. POWER UP reserves the right to pause all active services immediately
upon an account becoming 30 days past due, without liability for any missed deadlines or
deliverables during the pause period.
Accounts that remain delinquent beyond 60 days will be subject to the following:
• All Services will be suspended immediately and all work product in progress — including
drafts, edited files, and unreleased content — will be withheld until the account is
brought current in full, including all accrued late fees
• POWER UP reserves the right to terminate the retainer agreement with immediate effect
and without further notice, with no obligation to complete outstanding deliverables
• Client remains liable for all fees accrued through the date of termination, plus any costs
incurred by POWER UP in collecting the outstanding balance, including reasonable
attorneys' fees and collection costs
• POWER UP reserves the right to refer delinquent accounts to a collections agency or
pursue legal remedy in the Commonwealth of Virginia at its sole discretion
Reinstatement of services following delinquency requires payment of all outstanding balances in
full, including accrued late fees, and may require a new signed agreement at POWER UP'sdiscretion. Reinstatement does not guarantee continuity of the rate or previously negotiated
pricing.
Late Payments
Invoices not paid within 15 days of the due date may incur a late fee of 1.5% per month on the
outstanding balance. POWER UP reserves the right to pause services for accounts with
outstanding balances.
​
3. Revisions & Approvals
Client acknowledges that it has hired POWER UP to provide creative services and that each
engagement includes a finite number of editing rounds. Additional revisions beyond those
included are subject to additional charges.
Approval at Kickoff
At the end of the POWER UP planning session, Client will sign off on the concepts and
storyboard created, indicating Client approval via email to POWER UP.
Included Revision Rounds by Engagement Type
• AMP Pro Starter: 1 revision round per video
• AMP Pro Growth: Up to 2 revision rounds per video
• AMP Pro Premium: Up to 3 revision rounds per video
• Visibility Blueprint: 1 revision round on the final document
• Content Engine: revision terms specified per project in the engagement proposal
• One-Off Projects: 1 revision round unless otherwise specified in the proposal
Additional Charges Apply To
• Edit requests that increase project scope beyond the details confirmed during the
POWER UP planning session
• Edit requests that take place after the initial round of changes have been addressed and
approved by Client
• Changes that require additional footage (captured or acquired)
Approval Deadline
Client must submit their first round of changes ("Notes") within one (1) week of receiving the
video review link. If Client does not submit Notes within one (1) week, POWER UP will assume
the delivered video is fully approved by Client. Additional rounds of changes will then be
available at POWER UP's standard add-on rate of $150/hour, invoiced in 30-minute increments.
4. Cancellation Policy
AMP Membership
Members may cancel at any time with written notice before the next billing date. Monthly
retainers are considered fully earned and non-refundable. Cancellation will be effective as of the
next monthly billing cycle. Drop-in and guest pass purchases are non-refundable. Reschedule
requests are considered on a case-by-case basis at POWER UP's sole discretion.
AMP Pro
Either party may cancel with 14 days written notice before the next billing date. No refunds for
the current quarter or month. Services continue through the end of the paid period.
Visibility Blueprint & One-Off Projects
If Client cancels before the start of services, Client shall pay POWER UP one hundred percent
(100%) of any costs incurred. The non-refundable deposit shall not be used as a credit toward
the payment of any costs incurred. If POWER UP cancels prior to commencement, the deposit
will be refunded in full.
If Client fails to appear (virtual or in-person) for a scheduled session, Client shall be responsible
for a No Show fee of five hundred dollars ($500) in addition to any other amounts owed under
the Agreement.
Content Engine Retainers
Monthly retainers are considered fully earned and non-refundable. Either party may cancel with
30 days written notice. Outstanding deliverables in progress will be completed through the end
of the notice period.
Cancellations Due to Epidemic or Pandemic
Cancellations due to COVID-19 or other declared epidemic or pandemic may receive refunded
fees at POWER UP's sole discretion.
​
5. Scheduling & Confirmations
Services are only officially scheduled, rescheduled, or canceled upon written confirmation and
acceptance by POWER UP to Client via email. Absent a confirmation email from POWER UP,
Client's services are not scheduled, rescheduled, or canceled.
Rescheduling requests must be submitted in writing at least 7 days in advance for production
engagements and 48 hours in advance for strategy calls. Late cancellations or no-shows may
result in forfeiture of the scheduled session without refund.
Client is responsible for providing timely access to locations, materials, and personnel required
to complete the work as agreed.
6. Virtual Event Production & Livestream
If POWER UP is providing Virtual Event Production or Livestream services, the following
applies:
• Client acknowledges that due to the nature of Livestream video and virtual events,
POWER UP is unable to control or edit the content. Client assumes full liability for the
content of the Livestream.
• Client shall provide POWER UP with a direct, fully functioning ethernet connection — not
WiFi. In the event POWER UP is onsite for the Services and a direct ethernet connection
is not made available, Client will still be responsible for the full cost of the Agreement.
​
7. Content Delivery & Storage
All delivered content is provided via Google Drive or Dropbox as specified in the applicable
engagement. Content is stored in Client's designated folder for 30 days from the date of
delivery. POWER UP guarantees availability of content during this 30-day window.
After 30 days, content may be removed without notice and POWER UP is under no obligation to
retain or restore it. It is Client's sole responsibility to download all content within the 30-day
window. POWER UP is not responsible for content not downloaded within this timeframe.
​
8. Content Ownership & Usage Rights
Client License
Upon receipt of full payment, Client receives a perpetual, non-exclusive license to use all
delivered content for their own business or personal purposes, including social media,
marketing, and promotional materials.
POWER UP Portfolio Rights
POWER UP retains the right to use a portion of the final content product for use in print
publications, online publications, presentations, websites, social media, and in any and all other
media, whether now known or hereafter existing. If Client prefers their content not be used for
POWER UP's promotional purposes, Client must notify POWER UP in writing prior to the shoot
or engagement kickoff.
Original Programming
Content developed as POWER UP original programming — including but not limited to Field to
Fork, The Gift Guide Podcast, and The Visibility Project — remains the sole intellectual property
of POWER UP Productions LLC unless otherwise agreed in a separate written agreement
signed by both parties.Service Marks
POWER UP may use Client's service marks for the purpose of promoting POWER UP's
business. Client shall not use the trademarks, service marks, logos, trade dress, or trade names
of POWER UP, whether or not registered, without POWER UP's prior written consent, which
may be withheld or revoked at POWER UP's sole discretion.
​
9. Representations & Warranties
Client represents and warrants that:
• It has the full right and legal authority to enter into and fully perform this Agreement
without violating the rights of any other person
• It has not infringed or misappropriated any intellectual property rights of any third party,
and that POWER UP's performance of the Services does not infringe or misappropriate
any intellectual property rights of any third party
• It has all licenses, permits, or other authorizations necessary to allow POWER UP to
perform the Services, including permission to film in the location or venue from the
property owner and fully executed photo release waivers from all participants and
invitees, as applicable
• It will comply with all applicable laws, regulations, and ordinances
POWER UP provides no express or implied warranties, including the implied warranties of
merchantability and fitness for a particular purpose, except as expressly set forth in this
Agreement.
​
10. Indemnification
Client will indemnify, defend, and hold POWER UP and its respective agents and employees
harmless from and against any and all liabilities, claims, suits, damages, judgments, costs, and
expenses, including reasonable attorneys' fees, arising out of or in connection with:
• The inaccuracy of any warranty or representation made by Client, or any failure by Client
to perform any obligation under this Agreement
• Client's acts or omissions, or the acts or omissions of others acting on behalf of Client
• Any third-party claim of infringement or misappropriation of any intellectual property
rights alleged to have occurred because of systems or resources provided by Client to
POWER UP, or based upon performance or receipt of the Services
• Any negligence or willful misconduct of Client's officers, directors, representatives,
agents, or employees at or in connection with the Services
​
11. Limitation of Liability
Neither party shall be liable to the other party for any consequential or incidental damages or
lost profits, even if such party has been advised of the possibility of such losses. To the fullest
extent permitted by applicable law, POWER UP Productions LLC's total liability for any claimarising out of or related to the Services shall not exceed the total amount paid by Client for the
specific engagement giving rise to the claim.
​
12. Termination
If Client commits a material breach of this Agreement, commits fraud or willful misconduct, fails
to comply with any applicable law, or fails to pay any payment due hereunder, POWER UP may
terminate the Agreement and be relieved of further obligations to Client.
POWER UP may terminate the Agreement for convenience at any time by giving Client thirty
(30) days advance notice.
Client's non-compliance with POWER UP's health and safety protocols and procedures shall be
considered a material breach and grounds for termination.
​
13. Force Majeure
POWER UP shall not be liable for any delay or failure to perform due to circumstances beyond
its control, including but not limited to: failure of Client's equipment (e.g. internet signal, sound
equipment, computer equipment, mobile devices); failure of software licensed by POWER UP;
failure or unavailability of platform (e.g. Facebook, YouTube, Zoom); or any other force majeure
event including acts of government, epidemic, disease, acts of God, absence of power or other
essential services, failure of technical facilities, riots, civil disorder, fire, and acts of war or terror.
​
14. Confidentiality
The Parties acknowledge that they may be furnished with, receive, or otherwise have access to
information of or concerning the other Party that such Party considers confidential, a trade
secret, or otherwise restricted. The terms and conditions of this Agreement shall be deemed
confidential information of each Party.
The receiving Party will not use, disclose, commercialize, exploit, or otherwise exercise any
rights in connection with the Confidential Information of the other Party in any manner or for any
purpose except as expressly permitted under this Agreement. This obligation survives
termination of the Agreement for a period of two (2) years.
​
15. General Provisions
Relationship of the Parties
POWER UP is an independent contractor and not an employee of Client. Nothing in this
Agreement creates an employment, partnership, joint venture, or agency relationship between
the Parties.Governing Law
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Virginia. Any disputes arising under this Agreement shall be resolved in the courts of the
Commonwealth of Virginia.
Dispute Resolution
In the event of a dispute, both Parties agree to first attempt resolution through good-faith
negotiation. If negotiation fails, disputes shall be submitted to mediation in the Commonwealth
of Virginia before either Party pursues litigation.
Non-Exclusivity
This Agreement is non-exclusive and shall not be deemed to be a requirements contract.
POWER UP shall be free without obligation to Client to perform services similar or identical to
the Services provided hereunder to other third parties.
Amendment
No change to this Agreement shall be valid unless in writing and signed by authorized
representatives of both Parties.
Assignment
Neither Client nor POWER UP may assign this Agreement without prior written consent from the
non-assigning Party.
Compliance with Laws
Each Party shall perform its obligations in a manner that complies with all applicable laws as
and to the extent such laws apply or relate to each Party, the provision or use of the Services, or
any other act, activity, or responsibility of such Party hereunder.
Entire Agreement
This Agreement, together with any applicable proposal, invoice, or membership enrollment,
constitutes the entire agreement between Client and POWER UP and supersedes any prior
understanding or representation of any kind preceding the Effective Date. There are no other
promises, conditions, understandings, or other agreements, whether oral or written, relating to
the subject matter of this Agreement.
​
16. Contact
Questions about these Terms should be directed to:POWER UP Productions LLC
Email: amy@powerup-productions.com
Phone: (804) 238-8584
Website: powerupvideo.com
Terms & Conditions — POWER UP Productions LLC | April 2026