VIDEO TERMS & CONDITION'S

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SCHEDULE AND SERVICES TO BE PROVIDED BY VIDEOGRAPHER: Videographer/Company will begin shooting the Videos on _______(DATE)____; and deliver its footage of the Videos on ________(DATE)___. Client is NOT entitled to all raw footage obtained by Videographer. The COMPANY is not liable to deliver every image or video taken during the shoot. The determination of images or video delivered to the CLIENT is left to the discretion of the COMPANY. Delivery will occur no later than 6 weeks after completion of the EVENT(S). In the unlikely event that delivery is later than 6 weeks after completion of the EVENT(S), the COMPANY will provide credit toward the purchase of products at a rate of $5.00 per late day. If Client changes the final delivery date for any reason, additional costs will be incurred that are to be determined by Videographer. The Videographer will deliver final video by ______(DATE)__. Any delay in shooting days or cancelation days will delay Final Delivery.

 

SHOOT​ ​SCHEDULE:​ The CLIENT agrees to confirm the schedule one-week prior to the SHOOT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.

 

SHOOTING​ ​TIME​ ​/​ ​ADDITIONS​: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.

 

POST​ ​PRODUCTION​ ​AND​ ​EDITING:​ The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.

 

RESERVATION:​ A signed contract and 30% retainer fee are required to reserve the dates and times of the SHOOT(S). If the SHOOT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.

 

SAFETY:​ The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the videographer or any staff from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the videographer from the COMPANY is in question.

 

FEE(S) AND PAYMENT TERMS: The estimate is based on the instructions provided by Client to Videographer. The estimate includes, but is not limited to, expenses for the following items: all post-production costs, equipment, transportation, location, as well as usage as defined in Article 4 below. The aforementioned 30% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full 1 week prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the SHOOT(S). Returned checks will be assessed a $100 non-sufficient funds fee. Methods of remuneration include major credit cards, PayPal, cash, CashApp, Venmo or check. All late payments made after the 3 day grace period will be subject to a $50 late invoice payment charge.

 

In accepting the estimate, and in consideration of Videographer’s services in connection with the Video, Client is hereby agreeing to pay Videographer $_____________ (30% Non-Refundable Retainer Fee) upon receipt of the respective invoice(s) and according to the terms therein. The remaining payment of $_________________ is payable immediately upon delivery of Final Files.

 

If Client cancels the production of the Video according to Article 6 below, Client shall pay to Videographer any costs reasonably incurred by Videographer prior to the cancellation of the Video provided Videographer provides Client proof of such costs (e.g. invoices, etc.).

 

If at any time, Client desires to make any changes or variations from the script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Videographer, Videographer agrees to notify the Client of the amount before any such additional costs are incurred and Videographer shall proceed only after receiving approval (written or oral) from Authorized Representative, approval by Client shall be binding and incorporated into the terms of this Agreement. Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.

 

INTELLECTUAL PROPERTY RIGHTS: Client shall own the final Video and all footage that the videographer films. Client shall ensure all proper likeness rights are obtained from anyone in the Video. Videographer retains the right to use the Video for promotional purposes. Except as otherwise provided herein, Client owns all rights, title and interest in and to the media(s) which are the subject of this Agreement, including all copyrights therein. Client grants Videographer an exclusive, worldwide, sub-licensable, transferable, royalty free license to all media clips produced during the course of the contracted work as it relates to Videographer’s promotional use.

 

INDEPENDENT CONTRACTOR: It is understood that Videographer’s status under this Agreement is that of an independent contractor and that all persons engaged by Videographer in performing its obligations shall not be deemed employees of Client.

 

LIABILITY: Videographer shall ensure that Video and all footage produced by Videographer complies with the laws of CALIFORNIA and does not infringe any intellectual property rights (including copyright) or any other rights of third parties.                  

 

Videographer understands that some information for said media(s) may be of a confidential and/or sensitive nature. Videographer 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 Videographer to produce media(s) in the usual and customary manner under this Agreement.

In the unlikely event that the assigned photographer/videographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SHOOT(S).

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In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the SHOOT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures or video lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images or video beyond the lesser of the final delivery of all products included in the package or six months.

 

TERMINATION OF AGREEMENT: This Agreement shall be effective from the date first listed above for a period of six months, unless sooner terminated by either party in accordance with the terms and conditions of this Agreement (“Term”). This Agreement is terminable by either party at any time, with or without cause, effective upon notice to the other party. If Videographer exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement shall cease immediately, except that Videographer shall be obligated to compensate Client for work performed up to the time of termination. If Client exercises its right to terminate the Agreement, a non-refundable cancellation fee of 35% of the total agreed upon project budget reflected in this agreement is to be paid to the Videographer immediately upon official cancellation of the project. This cancellation fee will be in addition to any production expenses incurred up until the agreed upon cancellation including but not limited to last minute crew and associated labor and vendor cancellation fees, etc. After the cancellation fee and incurred production expenses are paid to Videographer in full, any obligation Client may otherwise have under this Agreement shall cease immediately.

 

CONTINUING OBLIGATIONS OF CLIENT: All provisions of this Agreement relating to the protection of Videographer’s Confidential Information, Non-Solicitation and Non-Competition, Limitation of Liability, Indemnification, and Dispute resolution, shall survive expiration or termination of this Agreement for any reason.

 

MODEL​ ​RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs or video of the CLIENT and guests of the EVENT or in which the CLIENT and guests of the EVENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images and video. It is the responsibility of the CLIENT to inform guests of this policy.

 

ARBITRATION: Any dispute arising out of or relating to this Agreement, or any breach thereof, shall be resolved by binding arbitration in LOS ANGELES, CA in accordance with the Arbitration Rules of the American Arbitration Association then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. All costs and expenses, including attorney’s fees, relating to the resolution of any such dispute shall be borne by the party incurring such costs and expenses. Notwithstanding their promise to arbitrate all disputes, the Parties acknowledge that either of them may seek emergency or temporary injunctive relief, but absolutely no other relief, in any court of competent jurisdiction. All other disputes, claims and remedies shall be settled by arbitration.

 

INDEMNITY: CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD VIDEOGRAPHER, AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HARMLESS FROM ANY AND ALL LOSSES, CLAIMS, LIABILITIES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES), WHETHER IN TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE PERFORMANCE OF CLIENT’S WORK, WHETHER CAUSED BY VIDEOGRAPHER’S ALLEGED OR ACTUAL NEGLIGENCE OR OTHERWISE.

 

LIMITATION OF LIABILITY: In no event shall Videographer be liable to client for any indirect, incidental, consequential or punitive damages, or for loss of profits, revenue or data, whether in an action in contract, tort, strict liability, or otherwise, even if Client advises Videographer of the possibility of those damages. Videographer’s liability on any claim for any loss or damage arising out of or in connection with or resulting from this shall in no case exceed the value of the services provided by Client under this Agreement, as defined above. Videographer shall not be liable for any penalties of any kind. Any action against Videographer for any alleged breach under this Agreement must be filed within one (1) year after such action accrues and all rights of Client to initiate any action arising from this Agreement will terminate one (1) year after accrual.

 

CLIENT’S REMEDY: Client’s remedy, if any, for any breach of this Agreement shall be solely in damages and Client shall look solely to Videographer for recovery of such damages. Client waives and relinquishes any right Client may otherwise have to obtain injunctive or equitable relief. Client shall have no remedy for any loss, which may incur by reason of work performed by Client.

 

INTERPRETATION: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law.

 

BINDING EFFECT: This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto. Client shall have no right to (a) assign this Agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the Services without Videographer’s prior written consent which may be withheld as Videographer determines in its sole discretion. Any such purported assignment shall be void.

 

EXPENSES​ ​INCURRED​: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.

 

TRAVEL​ ​EXPENSES:​ N/A

 

RESPONSIBILITIES:​ The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images or video of any individuals or any objects at the EVENT(S).

 

VENUE​ ​AND​ ​LOCATION​ ​LIMITATIONS:​ The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.

 

PERMITS:​ The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.

 

NO WAIVER: Failure of any party to this Agreement to exercise any rights shall not constitute a waiver of those rights.

 

ENFORCEABILITY: If one or more of the provisions of this Agreement shall be held unenforceable, it shall not affect the enforceability of the other provisions.

 

SERVABILITY: If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to reasonably affect the intent of the parties.

 

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

AGENCY: Client is not the Videographer’s agent or representative and has no authority to bind or commit Videographer to any agreements or other obligations.

 

AMENDMENT AND WAIVERS: Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

 

TIME: Videographer agrees that time is of the essence in this Agreement.

 

PROFESSIONAL RESPONSIBILITY: Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of your services in accordance with your independent and professional judgment. You shall perform your services substantially in accordance with generally accepted practices and principles of your trade.

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Revocation of Video Right(s):

Revocation of Video Rights, prohibits the continued release of any previous, new or unapproved video to the public for marketing, sample, illustrative, promotional, and other use, including but not limited to, social media, website, pamphlet, and advertisement purposes, after a written revocation notice and payment is received by The Videographer. View payment options below.

The “Client” understands that he/she may revoke this authorization at any time by notifying the Videographer in writing, or via email with an "effective by" date no earlier than 10 days after sending notice and no later than 30 days after sending notice. The Videographer will return written confirmation of receipt of Revocation Notice within 72 hours of receiving notice. The revocation will not affect any actions taken before the date noted on receipt of the written notification. Remaining video will be stored in a secure location and only authorized personnel will have access to them. They will be kept as long as they are relevant and after that time, destroyed or archived.

 

Video Revocation Options:

 

1-Year (12 Months) Revocation: $300.00

Prohibits the continued release of any previous, new or unapproved video to the public for exactly 1 year.

 

All-Time Revocation: $550.00
Prohibits the continued release of any previous, new or unapproved video to the public for all time.

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NOTICE: All Photograph(s) or Electronic Media Images are permitted to be posted to the Photographer’s personal website or online portfolio for Private, Public and Commercial viewing at any time before revocation.

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