CONTRACT FOR VIDEO ONE-OFF SERVICES
CLIENT INFORMATION
Member Name:
Phone Number:
Address:
Email Address:
This Contract (the "Contract") is made effective as of (the "Effective Date"), and between the ("the Client"), and ________ ("the Studio") of _____________ (enter address)
PERFORMANCE OF SERVICES
The Studio will provide adequate coverage for the Client's production and will produce the highest quality digital content. (2). the Studio will deliver the professionally produced content in a timely manner.
The Studio will work with the client to develop a pre-production plan for the shoot including scheduling, shot list, and locations:
Additionally, the Studio will:
- Schedule deep dive with Client (90min)
- Work with the client to develop core message for the campaign
- Schedule shoots with assistance from the Client
- Produce the videos- Edit the videos
- Getting approval and feedback from Client
- Creating final version of videos
- Final approval from Client
The Client’s Responsibilities Include:
- Client will give feedback / approve video content within 7 days of submission
- Client responsibility #2
- Client responsibility #3
PAYMENT
The Client agrees to pay the Studio, a sum of $________ in consideration of the services to be rendered within this agreement.
A 50% non-refundable deposit ($______) is required to reserve shoot date and begin project, remaining balance due upon project completion before final deliverables are sent to Client.
If Client wishes to pay by credit card, Client agrees to cover 3% transaction fee.
SCOPE
Shoot Deliverables
Time: __________ (Enter estimated time needed for filming)
ie. Half Day up to 4 hrs, Full Day up to 8 hrs, 6 x Half Days, etc.
Team: _________ (Can be helpful to specify who will be there for the production)
ie: 2 person team: 1 producer, 1 videographer
Scope: ________ (What will you be filming?)
Ie. Capturing main interview for VBC, b roll, and before and after photos to showcase transformation
Post-Production Deliverables: (What will you actually be delivering each month to the client?)
Ie. 5 x 30-45sec Short Form Value Videos for Social Media (1080x1920 formatting)
*Estimated 30-60 days for project completion based upon clients availability and schedule.
REVISIONS
Two revision(s) are included in the cost of the project and not to exceed 2 hrs of edit time. Should the Client request additional revisions, other material created from the footage, or change the scope of the project, the fees for the additional service will be billed at $_____/hr (enter hourly rate) by the Studio and added to final invoice.
**Clients agrees to provide revision notes within 1 week of receiving video drafts.
TERM
Both the Studio and the Client agree that this Contract shall commence on the above date and terminate once final video is completed, delivered, and final payment has been made. The studio shall provide the Client with video samples of the final video within 3-4 weeks after video shoot. Said Contract may be extended and/or renewed by agreement of all parties in writing thereafter.
ASSET ARCHIVE
The Studio will retain a local asset archive for 1 year on raw footage unless project is still ongoing. After 12 months of client inactivity, raw footage will be archived on an external server.
WORK PRODUCTION OWNERSHIP
The Client understands that Studio is the sole and exclusive holder and owner of the copyright of all footage taken during the services provided under this Contract. Upon full payment of all fees associated to this Contract, the Client shall be licensed to use the completed (edited) content as set forth below.
Term: In perpetuity
Territory: WorldwideUsage
Restrictions: No television broadcast rights
The Studio retains all rights to the footage, including but not limited to, the right to copy, display, and/or publish all footage, solely for promotional purposes. Copyright protection is established United States Federal law and allows all violators to be punished to the full extent of the law.
The Client may make use of the digital files in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms. No television broadcast rights are included in this license.
The Client may purchase a license under the same terms listed in this section to use the raw unedited video files for an additional $_________ (I typically use $500 or 10% of project cost, which ever is greater!).
The Client may alter, edit, or manipulate the digital files in any way to fit the Client’s branding guidelines or as necessary for use. The Client may share the digital files with third party editors if desired, however, the Client shall notify third parties that they may not claim copyright or use images or footage in any way without the Studio’s written permission. The Client cannot sell, lease, or give away footage to third party.
RELATIONSHIPS OF PARTIES
It is understood by the parties that the Studio is an independent contractor with respect to the Client, and not an employee of the Client.
COURTOSY
The videography schedule and selected methodology are designed to accomplish the goals and wishes of the Client. The Client and the Studio agree that positive cooperation and punctuality are therefore essential.
COMMUNICATION
If the Client wishes to schedule a time to speak on the phone, the Client should send an email/ text to the Studio stating that you would like to schedule a phone call and the Studio will work with the Client to arrange a time.
NO GUARENTEE
The Company does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of The Company may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
CONFIDENTIALITY
The Studio, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of the Studio, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. the Studio and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the Contract.
WARRENTY
The Studio shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Studio's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to the Studio on similar projects.
DEFAULT
The occurrence of any of the following shall constitute a material default under this Contract:
a) The failure to make a required payment when due.
b) The insolvency or bankruptcy of either party
c) The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d) The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ARBITRATION
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
ENTIRE CONTRACT
This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW
This Contract shall be governed by the laws of the State of Florida.
NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, 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.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES
This Agreement shall be signed by of and on behalf of the Studio by (Enter Name), President and shall be effective as of the date first written above.