Videography Services Agreement - Template, Sample Form Pro · US-law
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VIDEOGRAPHY SERVICES AGREEMENT
State of ________
This Videography Services Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between ________, having a primary address at:
________
Email: ________
and ________, having a primary address at:
________
Email: ________
Hereinafter, "Client" shall refer to ________, and "Videographer" shall refer to ________. Videographer and Client may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Client wishes to engage Videographer for certain videography services (the "Videography Services"), as more fully described below;
WHEREAS, Videographer has the skills, qualifications, and expertise required to provide the Videography Services to Client;
WHEREAS, Videographer wishes to render such Videography Services to Client.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. DEFINITIONS
As used in this Agreement:
(a) "Videography Services" means the following specific videography services that Videographer will provide to Client under the terms and conditions set forth herein:
________
(b) "Service Details" means the following:
(i) Date of Services: ________
(ii) Time of Services: ________
(iii) Location Details:
________
(c) "Fees" means the payment Client will pay to Videographer for the rendering of the Videography Services. The Fees shall be $________ (________), as a fixed fee for all Videography Services rendered.
§ 2. ENGAGEMENT
Subject to the terms and conditions of this Agreement, Videographer agrees to render the Videography Services to Client, and Client agrees to pay Videographer the Fees required for the Videography Services.
§ 3. FEES AND PAYMENT
(a) Method of Payment. Videographer will accept the following forms of payment:
________
(b) Payment Schedule. Payment of all Fees shall be made as follows:
(i) A non-refundable Booking Fee of $________ (________) due on ________; and
(ii) A Final Fee of $________ (________) due on ________.
(c) Late Payments. Any Fees not paid when due shall accrue interest at the lesser of ________% per month or the maximum rate permitted by applicable law, calculated from the date due until paid in full.
(d) Taxes. All charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by Client or Videographer shall be the sole and exclusive responsibility of each, respectively.
§ 4. EXCLUSIVITY
Videographer shall be the sole and exclusive videographer for the specific Service Details set forth above.
§ 5. NO GUARANTEE OF POSES OR CIRCUMSTANCE
Client acknowledges and agrees that Videographer cannot guarantee any specific poses or shots. If Client wishes to have certain poses or shots, Videographer will make every reasonable effort to include such poses or shots but does not warrant that they will turn out in the manner Client wishes or that they will be usable for Client's needs.
Videographer shall not be liable for any compromised Videography Services due to causes beyond Videographer's reasonable control, such as weather, decorations, lighting, equipment failure, or any other causes or factors.
§ 6. PERMITTING
If any permits or licenses are required for the provision of the Videography Services, Client is solely responsible to obtain such permits or licenses, and Videographer shall not be liable for any failure of Client to do so.
§ 7. INTELLECTUAL PROPERTY
Videographer holds all copyright in and to any images and footage produced under this Agreement. Videographer will not transfer copyright to the images or footage, but grants to Client a limited, non-exclusive license for personal use as follows:
________
Any use beyond that which is described above is prohibited and unlawful.
§ 8. MODEL RELEASE AND PROMOTIONAL USE
Client grants Videographer the right to use the images and footage produced under this Agreement for Videographer's portfolio, website, social media, and other promotional and marketing purposes, unless otherwise agreed in writing by the Parties.
§ 9. COOPERATION
Client and Videographer agree to cooperate with each other for the duration of the Parties' relationship. Client will provide advance notice of any special moments to Videographer so that Videographer may be prepared to capture such events. Videographer will use skill, discretion, and experience to obtain the best shots possible for Client, but does not guarantee any specific end result.
It is Client's responsibility to ensure all videography sessions described in the Service Details run on time. Videographer does not guarantee availability for any session that does not start on time or that runs over time. Client may be responsible to Videographer for the payment of any Fees due, regardless of the late operation of any sessions resulting from Client's fault or any unforeseen circumstances that are not the fault of Videographer.
§ 10. VIDEOGRAPHER SAFETY
Should Videographer be subject to any hostile words, threats, or other inappropriate, threatening, or violent behavior, Videographer reserves the right to immediately terminate this Agreement. Any funds already paid to Videographer prior to such termination shall be forfeited by Client.
§ 11. RELATIONSHIP OF THE PARTIES
Neither Party is, by virtue of this Agreement, authorized as an agent, employee, or legal representative of the other. Neither Party shall have the power to control the activities and operations of the other, and Videographer's status at all times shall continue to be that of an independent contractor. Videographer shall be solely responsible for all federal, state, and local taxes, including self-employment taxes, arising from the Fees paid hereunder.
§ 12. SUBCONTRACTORS
Videographer shall not be permitted to use subcontractors in the provision of the Videography Services. Videographer was engaged specifically for Videographer's own skill set and may not outsource any work without the prior written consent of Client.
§ 13. EXPENSES
Videographer shall be solely and exclusively responsible for any expenses incurred under this Agreement. Client shall have no obligation to pay or reimburse any expenses unless otherwise agreed in writing.
§ 14. CANCELLATION
Should Client cancel this Agreement prior to Videographer's completion of any work, Client shall not be entitled to any refund of funds already paid, including the non-refundable Booking Fee. Future payments not yet due shall be canceled, except that Client shall remain liable for any Fees attributable to work already performed.
§ 15. WARRANTIES
Videographer represents and warrants that it will perform the Videography Services using reasonable care and skill consistent with prevailing professional standards for a videographer in its field, and that any results, end products, or materials delivered by Videographer to Client under this Agreement will not infringe upon or violate the intellectual property rights or any other right of any third party.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, VIDEOGRAPHER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
§ 16. LIMITATION OF LIABILITY
In no event shall Videographer be liable to Client for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of use, arising out of or in connection with this Agreement, whether based in contract, tort, or otherwise, even if Videographer has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Videographer's total aggregate liability under this Agreement shall not exceed the total amount of Fees actually paid by Client to Videographer under this Agreement.
§ 17. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Videographer and its officers, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Client's breach of this Agreement, Client's negligence, or any acts or omissions of Client or Client's guests during the provision of the Videography Services.
This indemnification obligation shall survive the termination or expiration of this Agreement.
§ 18. TERMINATION
This Agreement shall terminate automatically upon completion of Videographer's work.
This Agreement may also be terminated by either Party, upon written notice:
(a) if the other Party commits a material breach of any term of this Agreement that is not capable of being remedied, or that is capable of being remedied but is not remedied within fourteen (14) days after a written request to do so; or
(b) if the other Party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform.
No ongoing relationship between the Parties is contemplated, and Client may not assign additional work to Videographer. The Parties may agree, through a written addendum to this Agreement, to expand the scope of the Videography Services, but only in writing and with explicit terms.
§ 19. DISPUTE RESOLUTION
The Parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation. Any dispute not so resolved shall be submitted to mediation in ________ before resorting to litigation. The prevailing Party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees and costs.
§ 20. GENERAL PROVISIONS
(a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict of laws principles, and any applicable federal law. Both Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature.
(b) Language. All communications made or notices given pursuant to this Agreement shall be in the English language.
(c) Assignment. This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by either Party without the prior written consent of the other Party.
(d) Amendments. This Agreement may only be amended in a writing signed by both Parties.
(g) Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
(h) Headings. Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
(i) Counterparts. This Agreement may be executed in counterparts, including by electronic signature, all of which together shall constitute a single agreement. If the dates set forth at the end of this document differ, this Agreement shall be effective as of the later date on which both Parties have signed.
(j) Force Majeure. Videographer shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, epidemics, pandemics, governmental orders, natural disasters, and other unforeseen events. In the event of such occurrence, the Parties shall use reasonable efforts to reschedule the Videography Services to a mutually agreeable date.
(k) Notices; Electronic Communications Permitted. Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail, or email to the address of the relevant Party set out at the head of this Agreement, or to such other address as that Party may from time to time notify to the other Party in accordance with this clause.
Notices sent as above shall be deemed to have been received three (3) working days after the day of posting (in the case of inland first-class mail), seven (7) working days after the date of posting (in the case of airmail), or on the next working day after sending (in the case of email).
In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged.
EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
VIDEOGRAPHER:
Name: ________
Signature: _________________________
Date: _____________________________
CLIENT:
Name: ________
Signature: _________________________
Date: _____________________________
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