videography-contract-12
videography-contract-12
Videography Contract
CONTRACTING PARTIES
PRICING
***Please Make All Checks Payable to: Elvin Bain ***
This Agreement is made effective for all purposes in all respects as of ________________
(current date) by and between MEDIA FOUNDRY, hereinafter referred to as "the COMPANY"
and ____________________________________________, hereinafter referred to as "The
CLIENT" relating to the activities detailed below, hereinafter referred to as "The ACTIVITY(IES)".
1.0 ENTIRE AGREEMENT: This agreement contains the entire understanding between the
COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements 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.
2.0 ACTIVITY SCHEDULE: 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.
3.0 SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of
the ACTIVITY(S) if the videographer from the COMPANY experiences inappropriate, threatening,
hostile or offensive behavior from person(s) at the ACTIVITY(S); or in the event that the safety
of the videographer from the COMPANY is in question.
4.0 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.
5.0 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, or restrictions of the locations. The COMPANY is not
responsible for backgrounds or lighting conditions which may negatively impact or restrict the
video coverage.
6.0 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.
7.0 PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for
all locations on which the COMPANY will be performing services.
8.0 FILM and COPYRIGHTS: The videos produced by the COMPANY are protected by Laws of
the Republic of Trinidad and Tobago (all rights reserved) and may not be reproduced in any
manner without the COMPANY's explicitly written permission. If the CLIENT has purchased the
digital rights from the COMPANY, upon final payment by the CLIENT, full copyright ownership of
the resulting video will be transferred to the CLIENT. However, the COMPANY is free to use as
part of its portfolio.
9.0 LIMIT OF LIABILITY: In the unlikely event that the assigned 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 payments
received for an activity(ies) missed.
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
ACTIVITY(IES). The limit of liability for a partial loss of originals shall be a prorated amount of
the exposures lost based on the percentage of total number of originals. The COMPANY is not
liable for the loss of footage beyond the lesser of the final delivery of all products included in
the package for six months.
10.0 CAPTURE AND DELIVERY: The COMPANY is not liable to deliver all footage taken at the
activity. The determination of footage delivered to the CLIENT is left to the discretion of the
COMPANY.
11.0 CREATIVE LICENSE: Footages are selected and edited at the COMPANY 's discretion, and
delivery of Work Product may not include all footages available. The COMPANY will edit and
release only those deemed creditable, professional in quality, and within the COMPANY 's
artistic standards. Work Product may contain changes such as distortions, color, and
background as deemed appropriate by the COMPANY with final approval from the CLIENT.
12.0 CD/DVD STORAGE: CDs and DVDs cannot hold information forever; therefore the
COMPANY recommends you backup said CDs and DVDs on another media format. The
COMPANY cannot be held responsible for the failure of electronic or optical media. You agree
to make your responsibility, data retention and backups, including from any on‐line gallery the
COMPANY may provide. The COMPANY recommends keeping multiple copies of any CDs/DVDs
in more than one location, and backing up the images onto another format such as a computer
hard drive or online backup service.
13.0 AUDIO QUALITY: To maintain high audio quality in the final product for the church
ceremony, The CLIENT is responsible for first, securing permission for an audio feed and
second, ensuring that audio feed is of a high quality. For the reception, The CLIENT is
responsible for securing a high quality audio feed from the DJ’s public address system. The
COMPANY will not accept responsibility for poor audio quality in the final product if the CLIENT
does not adhered to these requirements.
14.0 PAYMENT SCHEDULE: A 30% down payment is due at the time of signing of agreement.
The remaining balance is payable according to the cost proposal. 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 shoot the
remaining activities.
15.0 DISPUTES AND DISPUTE RESOLUTION: Any dispute in the meaning, effect or validity of
this Contract, the CLIENT and COMPANY agrees to resolution firstly using the mediation
process. If disputes are unresolved after the mediation process, then the parties agree to use
the adjudication process. The details of the adjudication provisions are as follows:
a. Each party unanimously agrees on the adjudicator
b. The retainer paid to the adjudicator must be equally shared and be made payable on the
3rd working day of every month for the life of the contract.
c. The ruling of the adjudicator is legally binding.
I have read and understood the terms above. I hereby agree to the terms of this
agreement.
Date: Date: