Videography Contract Template
This Videography Contract (hereinafter referred to as the "Contract") is entered into on (the "Effective Date") by and between
, an individual having their usual place of living at (hereinafter referred to as the "Client"), and
, an individual having their usual place of living at (hereinafter referred to as the "Videographer"), collectively referred to as the "Parties" and individually as the "Party".
WHEREAS the Client wishes to engage specific videography services;
WHEREAS the Videographer possesses the necessary qualifications and experience to provide the high-quality services required by the Client;
NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Contract, the Parties hereby agree as follows:
SUBJECT OF THE CONTRACT. The Videographer shall provide the following videography services (the "Services") to the Client:
The Service date(s):
The type of the Services:
PERFORMANCE OF SERVICES. The Videographer is responsible for producing high-quality digital videos and ensuring the event is adequately covered. The Videographer shall deliver professionally produced videos in a timely manner. The Videographer shall record and master the videos in digital format, complete with state-of-the-art video editing capabilities, and shall provide the Client with all raw footage created during the event. The Client shall pay the Videographer an additional fee of for raw footage.
The shall provide all tools, equipment, and materials necessary to provide the Services. The is responsible for any damage or loss of equipment, tools, or materials.
The Client shall have up to hours of complimentary editing changes. Any additional changes beyond this time limit shall incur a charge of per hour. The Videographer shall give the Client an estimated time frame for completion of changes and shall not perform any billable revision work without the Client's approval.
The Videographer shall collaborate with the Client to get feedback and input, but the Videographer retains creative control over the final video.
The Videographer shall provide the Client with video samples of the final video in the format in by within days after the service date (the "Final Delivery Date").
The Client shall provide the Videographer with all information required to provide the Services within a reasonable time after the Videographer's request. These include but are not limited to event details, style guidelines, any relevant documents, etc. The Client understands that any delay in providing the required information may change the Final Delivery Date.
PAYMENT TERMS AND PROCEDURE. Upon signing the Contract, the Client shall pay the Videographer a non-refundable deposit of as an advance for future Services (the "Deposit"). The Deposit shall be deducted from the total payment due upon completion of the Services.
Any additional fees or expenses that may arise while performing the Services, such as travel expenses, equipment rental, and other related costs, are included in the Price.
The Client shall pay the Videographer per additional copy of the final video.
The Client shall pay the Videographer by cash.
CANCELLATION POLICY. If the Client cancels the Services less than days before the Service date, full payment shall be required.
If the Videographer cancels the Services, any payments made to the Videographer shall be fully refunded, including the Deposit if it has been paid and a penalty of . Refunds shall be issued days before the cancellation by the payment method specified in the payment terms.
TERM AND TERMINATION. This Contract shall commence on the Effective Date and terminate on (the "Expiration Date") unless terminated earlier under the terms of this Contract.
INTELLECTUAL PROPERTY RIGHTS. Any copyrightable works, ideas, products, or other information (collectively, the "Work Product") developed in whole or in part in connection with the Services shall become the sole property of the once the Price has been paid. All rights, title, and interest worldwide in and to the Work Product, including all associated intellectual property rights, shall exclusively belong to the once the Price has been paid.
Upon the Client's request, the Videographer shall sign all documents necessary to confirm the exclusive ownership of the Work Product.
The Videographer may use short parts of the filming materials created under this Contract for the Videographer's promotion after the Client's approval.
RELATIONSHIP OF PARTIES. Nothing in this Contract, during its performance, shall be interpreted to create an employment, agency, joint venture, or partnership relationship between the Videographer and the Client.
WARRANTIES. The Videographer represents and warrants the provision of the Services under this Contract in a timely and professional manner, adhering to recommendations and commonly accepted standards. The Videographer commits to delivering a level of care equivalent to, or higher than, the standards observed by service providers engaged in similar projects.
The Client hereby grants the Videographer, employees, agents, and subcontractors reasonable access to the location to perform the Services described in this Contract.
Both Parties acknowledge the importance of positive cooperation and punctuality in this regard.
INDEMNIFICATION. The Videographer agrees to indemnify and hold harmless the Client from any demands, claims, damages, or expenses, including attorney's fees and costs, resulting from the use of the Work Product, except for demands, claims, damages, or expenses caused by the Client's gross negligence or willful misconduct.
CONFIDENTIALITY. The Videographer shall keep private any exclusive or confidential information shared by the Client during the performance of the Services.
"Confidential information" refers to data unique to the Client that cannot be obtained from other sources. These data include but are not limited to sensitive information, customer lists, trade secrets, products, business plans, financial statements, manufacturing processes, etc.
The Videographer is restricted from publishing and disseminating the video, or any segments thereof, without prior written consent from the Client unless otherwise provided in this Contract.
This confidentiality clause remains in effect even after the Expiration Date.
LIMITATION OF LIABILITY. The Videographer is not liable for unforeseen circumstances, such as equipment failure, power outages, inability to attend and perform the Services due to illness, or any other situation beyond the Videographer's control. If unforeseen circumstances occur, the Videographer shall make every effort to provide similar Services. In any case, the Videographer's sole liability shall be limited to a monetary amount no greater than the Price paid by the Client.
FORCE MAJEURE. Force majeure encompasses events beyond the Parties' control, such as acts of God, fires, explosions, vandalism, storms, military or civil authority actions, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or labor disputes. The Party affected by force majeure events shall make reasonable efforts, given the circumstances, to prevent or resolve such causes of non-performance and shall resume performance promptly once these causes are no longer in effect.
If the performance of this Contract or any obligation under it is prevented, restricted, or disrupted by force majeure events, and if the affected Party cannot fulfill the obligations, the affected Party shall immediately notify the other Party in writing. In such a case, the obligations of the Party invoking this provision shall be suspended to the extent required by the event. An act or omission shall be deemed within the Party's reasonable control if it is committed, omitted, or caused by that Party or the Party's employees, officers, agents, or affiliates.
If the force majeure circumstances last more than days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.
NOTICE. Any notice or communication required under this Contract shall be sufficiently given if delivered personally or by certified mail, a return receipt requested to the address set forth in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below:
If to the Client:
If to the Videographer:
GOVERNING LAW AND DISPUTE SETTLEMENT. This Contract shall be governed by and construed in accordance with the laws of the State of , except for its conflict of laws principles. The Parties agree on exclusive jurisdiction in the court of the State of .
SEVERABILITY. If any provision of this Contract is found invalid or unenforceable, the remaining provisions shall still be valid and enforceable.
WAIVER. The failure of any Party to enforce a particular provision of this Contract shall not constitute a waiver of their right to enforce that provision in the future.
ENTIRE AGREEMENT. This Contract represents the entire agreement between the Parties and supersedes any prior oral or written agreements.
AMENDMENTS. This Contract may only be modified, or any rights under it waived, by a written document signed by both Parties.
ASSIGNMENT. Neither Party may assign or transfer this Contract without the prior written consent of the other Party, which approval shall not be unreasonably withheld.
IN WITNESS WHEREOF, the Parties have signed this Contract as of the Effective Date.
DETAILS AND SIGNATURES OF THE PARTIES
|
THE CLIENT
, USA
__________________________________ (Place for signature) |
THE VIDEOGRAPHER
, USA
__________________________________ (Place for signature) |
