NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, the Parties do hereby agree as follows.
A non-refundable deposit of 10% of the full amount is due to reserve your date. The remaining amount is due by the day of your event. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept checks, Visa, Mastercard, American Express, and Discover. Your date is secured once the deposit is received. Client agrees that in addition to any and all other legal rights and remedies we may have, Client, will pay a $25.00 fee for any and all returned checks. In case that the payment is not made in full by the aforementioned deadline, the Videographer reserves the right to terminate this contract, retain the initial deposit, and no longer be held liable for rendering further services to the Client.
This Contract shall commence as of the Effective Date. The Videographer shall deliver the final cut of the Video within 22 days of the Event (or otherwise arranged). Upon taking possession of the finished product, the Client must inform the Videographer of any technical or other problems with the video within 7 days. After 7 days, if no notification has been received, the client will be deemed to be satisfied with the product.
- Videographer's Obligations
The Videographer shall: perform the Service in a safe, efficient, and timely manner using adequate equipment in good working order. Deliver videos of high quality.
- Client's Obligations
The Client shall outline what is expected from the Videographer at the Event, and shall cooperate with the Videographer to achieve the best video within the understanding of this Contract. The Clients shall also alert the Videographer ahead of the key events like bouquet throwing, speeches, etc. at the Event to give the Videographer appropriate time to prepare.
- Ownership Rights
The Videographer reserves the full copyright to the videos resulting from this Contract. The Videographer grants the Client a non-exclusive, non-transferable license to use the Videos for unlimited personal use only. Sale, publication, or any other commercial use of the Video by the Client is specifically prohibited without the prior written consent of the Videographer.
- Creative Rights
The Videographer reserves the right to edit the Videos in its discretion and may not offer original footage of the Event to the Client (unless arranged otherwise). Creative aspects such as angles and style are at the discretion of the Videographer.
The Client shall inform the Videographer in writing about the rescheduling of the time, date, or location of the Event no later than 30 days prior to the Event. If the Videographer is not able to accommodate the Client’s rescheduled date, the Client shall not be held accountable for the remaining balance of this Contract. However, the Videographer shall retain the initial Deposit.
- Model Release
Client agrees to and understands the following: All guests attending the event give to the Provider: The right and permission to copyright and use, video or pictures of any footage recorded by any guest who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition, the Client, hereby release, discharge, and agree to save harmless the Videographer, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
It is the Client’s responsibility to secure access to areas for videography. The Videographer will not be responsible for coverage lost due to access restrictions.
- Damage to Provider’s Equipment
Client acknowledges that it shall be responsible for any damage or loss to the Videographer’s equipment caused by any misuse of the Videographer’s Equipment by Client or its guests.
- Relationship of Parties
The Client is hiring the Videographer as an Independent Contractor, and the Videographer shall use its own equipment, tools, and materials to provide their services. The Client and the Videographer shall not establish any partnership or employer-employee relationship.
- Additional Hours
If additional unplanned hours are required on the day of the Event, the Videographer shall charge an amount of $199 per hour per videographer to the Client.
- The Client acknowledges that the Videographer cannot guarantee certain poses or coverage quality.
- The Client also acknowledges that the Videographer shall not be held responsible for compromised coverage due to interference from the guests, other vendors or due to environmental issues, such as poor event lighting, space, or backdrops.
- The Client accepts that the Videographer shall be given priority in taking videos over guests with cell phone cameras or other devices.
- The Client agrees that the Videographer shall be the sole and exclusive videographer for the events mentioned in this Contract.
- The Videographer warrants that the Video shall not infringe upon any third party’s patents, trademarks, trade secrets, copyrights, or other proprietary rights.
- The Videographer warrants that it shall provide services and meet its obligations under this Contract in a timely and efficient manner.
- The Videographer agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific poses or coverage during the Event.
This Contract may be terminated by:
- either party upon 30 days prior written notice to the other party, with or without cause
- either party upon the violation of any terms mentioned herein by the other party, if the other party doesn't cure the violation within 14 days of the receipt of written notice of the violation
- the Client if the Videographer fails to comply with the reasonable directives of the Client
- the Videographer if the Client doesn't pay the deposit within 14 days or the remainder of the fee on the Event date.
Both Parties hereby agree that they shall not disclose any confidential information to any third parties throughout the duration of this Contract and shall not use the confidential information for any purpose except those detailed herein or expressly authorized by the other Party.
Both parties agree to indemnify, defend, and hold the other party harmless from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any connection with this Contract.
- Limitation of Liability
If the Videographer shall not be able to provide the services outlined in this Contract for any reason, the Videographer agrees to refund any fees, including the initial Deposit, paid by the Client and shall have no further liability with regards to this Contract. This limitation of liability also applies to any loss or damage to footage or other materials after the events listed in this Contract. In the event of any loss or damage to footage or other materials after the events listed in this Contract, the Client shall be refunded for the percentage of deliverables that are unable to be completed.
Assignability: Neither party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
Any notice required to be given to the Client shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Videographer.
Force Majeure: Neither party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
Modification: No modification of this Contract shall be made unless in writing, signed by both parties.
Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the Contract termination.
Governing Law and Jurisdiction: This Contract shall be governed following the laws of Texas.
Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract is legal and binding in the State of Texas. The Parties each represent that they are eligible and authorized to enter into this Contract.
Entire Contract: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties, and is intended as a final expression of their Contract.