CAPTION LEGAL – TERMS OF SERVICE
Effective Date: 09/24/2024
These Terms of Service ("Terms") govern the relationship between Caption Legal, LLC ("Caption Legal," "we," "us," or "our") and the client, law firm, or insurance entity ("Client," "you," or "your") engaging our services. By booking a service or accessing our website, you agree to be bound by these Terms.
1. SCOPE OF SERVICES
Caption Legal provides professional litigation support services nationwide, including:
- Legal Videography: In-person, remote (Zoom/Google Meet), and hybrid deposition recording.
- Medical Videography: Independent Medical Examinations (IME), Compulsory Medical Examinations (CME), and Defense Medical Examinations (DME).
- Post-Production: Transcript synchronization (syncing), forensic video editing, and trial-ready clip creation.
- Strategic Media: "Day in the Life" legal video productions and trial technician services.
- Coordination Services: Assistance in identifying third-party interpreters and court reporters.
2. INDEPENDENT COURT REPORTING DISCLAIMER
Caption Legal is not a court reporting firm, agency, or provider of certified shorthand reporting services. * Coordination Only: Any identification or referral of a court reporter is provided solely as a convenience.
- Direct Contract: All court reporters are independent professionals who contract directly with the Client.
- No Liability: Caption Legal does not supervise, control, or guarantee the work product, accuracy, or availability of any third-party reporter. All billing for stenographic services is handled independently of Caption Legal.
3. CLIENT RESPONSIBILITIES & CONDUCT
- Booking Accuracy: Client must provide accurate case captions, locations, and start times.
- Notices & Consents: Client is responsible for serving all necessary deposition notices and obtaining required legal consents for recording, particularly in IMEs involving sensitive medical examinations.
- Exhibits: For remote proceedings, the Client is responsible for managing and sharing digital exhibits unless a Caption Legal Trial Technician has been specifically retained for that purpose.
4. MEDICAL EXAMINATIONS (IME/CME)
For IME/CME videography, Caption Legal adheres to a "Neutral Observer" standard. Our videographers will document the exam from arrival to departure.
- Privacy: We comply with applicable HIPAA standards regarding the handling of medical video data.
- Conduct: Videographers will not interfere with the medical examination but will ensure the camera maintains a clear view of the proceedings as permitted by law or court order.
5. CANCELLATION AND RESCHEDULING
Legal proceedings are subject to frequent change. To maintain our nationwide network:
- Cancellation Fee: Services cancelled within 24 business hours of the scheduled start time are be subject to a "Late Cancellation Fee" plus any non-refundable travel expenses incurred.
- Portal/Booking: Cancellations must be submitted via email to schedule@captionlegal.com.
6. PAYMENTS AND BILLING
- Terms: Invoices are due within 30 days of the invoice date.
- Nationwide Travel: While we strive to provide local coverage, any applicable travel fees, per diems, or lodging costs will be disclosed and approved by the Client prior to the assignment.
7. INTELLECTUAL PROPERTY & DATA RETENTION
- Ownership: Upon full payment, the Client is granted a non-exclusive license to use the recorded content for the underlying legal matter. Caption Legal retains the underlying intellectual property rights to its proprietary syncing and editing methods.
- Retention: We retain copies of video records for a period of 1 year from the date of the proceeding. After this period, files may be destroyed unless the Client requests extended storage in writing for an additional fee.
8. LIMITATION OF LIABILITY
Caption Legal utilizes state-of-the-art equipment and redundancy protocols (backup recorders). However, in the event of unforeseen equipment failure, data corruption, or "Acts of God":
- Cap on Liability: Our total liability for any claim shall not exceed the total amount paid by the Client for the specific assignment in question.
- No Consequential Damages: We are not liable for lost profits, case outcomes, or legal fees resulting from technical issues or service delays.
9. CONFIDENTIALITY
We maintain strict "Work Product" confidentiality. Recordings and case data will only be released to the hiring party, authorized co-counsel, or as required by a valid subpoena/court order.
10. GOVERNING LAW
These Terms are governed by the laws of the State of New Mexico, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Albuquerque.
11. CONTACT
For scheduling or billing inquiries, please contact: Caption Legal, LLC
Email: admin@captionlegal.com | schedule@captionlegal.com Phone: 805-885-7742
