Video And Post Production Terms And Conditions
VIDEO AND POST PRODUCTION TERMS AND CONDITIONS
Videographer/Editor will shoot video of Client. The estimated time frame (up to six hours) will be determined and will be referred to as the Session. Videographer/Editor will provide Client with access to the videography/editing files by: in accordance with the rest of this Agreement.
This Agreement becomes effective upon the Parties signing and dating this Agreement, below.
DESCRIPTION OF SERVICES
Videographer/Editor will shoot video of Client or Clients
Videographer/Editor will make a good faith effort to achieve Client’s desired results. However, Videographer/Editor will maintain ultimate discretion and control over the Session. Videographer/Editor will use the equipment that Videographer/Editor finds appropriate and will take the videos that Videographer/Editor finds appropriate. Client’s desired results are limited by the terms of this Agreement.
NO GUARANTEED RESULTS
As stated in “Description of Services” of this Agreement, Videographer/Editor will make a good faith effort to achieve Client’s desired results. However, videography and editing is a subjective art form, and Client acknowledges that Videographer/Editor cannot and will not guarantee any particular results, including Client’s desired results.
PRICE
The service fee (as determined) for each Videography/Editing Session is agreed by the Client. The service fee is due even if Client stops the Session before the allotted time as established in the “Basic Session Overview” area of this Agreement.
DEPOSIT
A required non-refundable retainer of 50% is due at the signing of this agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the retainer. No videography/editing will take place and no rights are granted until the retainer is paid in full. Videographer/Editor will not reserve the Session date and time until the retainer is paid in full.
PAYMENT
Once services are rendered, Client must pay the balance of the service fee upon completion of project and prior to delivery of final file(s). If the balance is not paid in 72 hours, Videographer/Editor may withhold Client’s access to the videography/editing files from the Session. In addition, a late payment fee of 15% of the total project price will be added every five business days until the Session is paid in full.
SCOPE OF WORK CHANGE ORDER
In the event Client request addition work beyond what is reasonable as determined by the Videographer/Editor, Client will be subject to pay additional costs and/or approve an amended scope of work or separate scope of work.
NO REFUNDS
Upon both Parties signing this Agreement, and upon Client furnishing Videographer/Editor with the agreed-to retainer, Videographer/Editor will reserve the Session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable, regardless if the Session is cancelled or changed for any reason. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established by §Limits of Liability of this Agreement.
IN THE EVENT VIDEOGRAPHER/EDITOR CANNOT PERFORM
In the event of Videographer/Editor’s foreseeable illness, conflict or inability to perform, Client agrees that Videographer/Editor may assign and delegate performance and obligations of this Agreement to another professional Videographer/Editor at Videographer/Editor’s discretion. In the event that Videographer/Editor cannot perform or the Session does not take place, Videographer/Editor is not required to service a later Session.
EXCLUSIVITY
It is understood and agreed that no other Videographer/Editor will be allowed to shoot video or take pictures during the Session while Videographer/Editor is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, digital cameras, and their equivalents.
LIMITS OF LIABILITY
If Videographer/Editor cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Videographer/Editor will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Videographer/Editor will also return all retainers and fees, but will not be liable for any other injuries, if video materials are damaged
in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the video material unusable, without fault on the part of Videographer/Editor. In no event, regardless the circumstances, shall Videographer/Editor be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Videographer/Editor’s services or lack thereof. Videographer/Editor shall only be liable up
to the price of this Agreement.
VIDEOGRAPHER/EDITOR’S STYLE AND DISCRETION
Client understands and agrees that Client is hiring Videographer/Editor to perform Videographer/Editor’s services in Videographer/Editor’s own discretion and style. Client has no authority to control the manner in which Videographer/Editor takes videography/editing files. Client has no right to rescind this Agreement in any way if Client is not satisfied with Videographer/Editor’s work.
ARCHIVING VIDEOS
Videographer/Editor will archive digital files of all videography/editing files taken for Client for up to 2 weeks. Videographer/Editor does not guarantee back-up videos, prints or data after this time.
RESTRICTIONS ON USE OF VIDEO
All videography/editing files and images taken by Noble Crawford IV and/or his/her assistant remain the sole, copyrighted, intellectual property of Videographer/Editor. Noble Crawford IV may reproduce, use and distribute the videography/editing files and images for any personal, business, marketing or studio purpose. Subject, model, or talent expressly agrees to release to Noble Crawford IV any personal or proprietary interest in the video materials that result from the Session and agrees that Noble Crawford IV may showcase, sell, or otherwise distribute video materials from the Session, including those depicting Model.
• Client shall not modify or otherwise alter Videographer/Editor’s video materials.
• Client shall not publish, post physically or in digital form, including on any social media website, blog or application, any of Videographer/Editor’s videography/editing files without attributing Videographer/Editor.
• Client shall never distribute or make available for download or reproduction any of Videographer/Editor’s videography/editing files without written consent of Videographer/Editor, unless the videography/editing files include Videographer/Editor’s watermark.
INTELLECTUAL PROPERTY RIGHTS AND RELEASE
All videography/editing files and images taken by Noble Crawford IV and/or his/her assistant remain the sole, copyrighted, intellectual property of Videographer/Editor, even after full payment by Client and distribution to Client. Videographer/Editor may reproduce, use and distribute the videography/editing files and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Videographer/Editor any personal or proprietary interest in the video materials that result from the Session, and agrees that Videographer/Editor may showcase, sell, or otherwise distribute video materials from the Session, including those depicting Client.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT
The Client(s) expressly agree(s) to take best efforts to provide [Videographer/Editor] and Videographer/Editor’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Videographer/Editor] staff, [Videographer/Editor] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Videographer/Editor] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Videographer/Editor] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Videographer/Editor’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Videographer/Editor] resumes work detailed in this Agreement.