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CONTRACT FOR VIDEOGRAPHY SERVICES
This Videography Contract (the "Contract") is made effective as of (the "Effective Date"), by and between of , , , and of , , .
DESCRIPTION OF SERVICES. Beginning on , will provide to the following videography services (collectively, the "Services"):
PERFORMANCE OF SERVICES. (1). will provide adequate coverage for 's event and will produce the highest quality digital video. (2). will deliver the professionally produced videos in a timely manner. (3). will capture and master the images in digital format, complete with state of the art video editing capability. (4). will have the videos outputted in the format of 's choice.
PAYMENT. (1). agrees to pay , a sum of in consideration of the videography services to be rendered by . In consideration for this fee, will devote to cover the event or occasion of . (2). will provide proofs for final purchase of videos. (3). On being satisfied with the videos taken, also agrees to pay a sum of for each copy of the full video. Should request to create a compilation or other material from the footage, the fees for this service will be provided to at that time by .
DEPOSIT. At the time of signing the Contract, shall pay a non-refundable deposit of to for the Services. The deposit will be subtracted from the total payment owed by upon completion of the Services.
CANCELLATION POLICY. All deposit fees are non-refundable. A minimum of notice will be required for cancellation of this Contract. Any cancellation made with less than notice prior to the agreed upon service date will result in full payment by . If the cancellation is initiated by , all monies paid to from shall be fully refunded, INCLUDING the deposit fee. Refund shall be paid out at month's end.
TERM. and agree that this Contract shall commence on the above date and terminate on . shall provide with video samples of the final video within days. Said Contract may be extended and/or renewed by agreement of all parties in writing thereafter.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by in connection with the Services will be the exclusive property of . . Upon request, will execute all documents necessary to confirm or perfect the exclusive ownership of to the Work Product.
RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of .
COURTESY. The videography schedule and selected methodology are designed to accomplish the goals and wishes of . and agree that positive cooperation and punctuality are therefore essential.
INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against that result from the acts or omissions of , 's members, if any, and 's agents.
WARRANTY. shall provide services and meet obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in 's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to 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 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 Commonwealth of .
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 on behalf of by , and by on behalf of by , and shall be effective as of the date first written above.
Client:
| By: | Date: |
Videographer:
| By: | Date: |
Final Checklist for Contract for Videography Services
Client:
Videographer:
Make It Legal
| _____ | Look over the contract to ensure it matches your intentions. If you need to make changes to the contract outside of the interview, you will be able to make changes online in the Document Manager at the end of the process or downloaded to any word processor. |
| _____ | Use the easy e-signature service to sign electronically without having to print, sign and deliver hard copies. Or, print and sign hard copies of your contract in duplicate. |
| _____ | Share or deliver a copy of the contract to the other party. |
Copies
| _____ | Keep a copy of all documents for your own records and in case there is a problem. |
| _____ | Each party should receive an original signed copy of the contract. Your copy should be kept in a safe place. If you signed a paper copy of your document, you can use Rocket Lawyer to store and share it. Safe and secure in your Rocket Lawyer File Manager, you can access it any time from any computer, as well as share it for future reference. |
When to Consult a Lawyer
| * | If you are unsure or have questions regarding this contract or need additional assistance with special terms to the contract, use Rocket Lawyer's Find A Lawyer search engine to find a lawyer in your area to assist you in this matter. |
Other Information
| * | It is not necessary that the signatures be witnessed or notarized. |
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Whether you are making a wedding videographer contract or an agreement for a different type of video production, the next steps are the same.
Review your document and ensure it meets your needs.
Sign the contract. You can sign online via RocketSign® or you can download it (as a PDF document or Word file), print it and sign it in person.
After signing, you should be sure that all signers get a copy of the final contract.
After completing your contract using Rocket Lawyer, you'll be able to open it wherever and whenever you choose.
Rocket Lawyer also attaches a series of proposed steps to each Videography Contract that you should take after the document is completed.
By signing up for a Premium membership, you can get your agreements reviewed or send any questions. Whether you decide to use your existing videographer contract template to create additional Videography Agreements or you make other documents, Rocket Lawyer will be by your side.
A Videography Contract is an agreement under which a videography company or freelance videographer contracts to provide videography services to a company or an individual. Videography services are often sought out for parties or special events. Occasions such as birthdays, school dances, and weddings typically demand videography services. This contract outlines the scope of services, how the service is to be performed, payment terms, and more. Additionally, this contract contains special provisions unique to videography services, including: sample videos, performance guidelines, deposits, a cancellation policy and other provisions specifically related to the videography industry.
To get started, you may want to organize the following information for the Videography Contract:
A Videography Contract that you make using Rocket Lawyer will also contain the standard language regarding the non-employer relationship between the videographer and client, the protection of private information, dispute resolution methods, and finally, reimbursement for losses. When you build your agreement, you'll also be able to determine which state's laws will govern it. After your agreement is built, more customization is possible using the document editor.
Following is some basic information typically included in Videography Contracts:
A cancellation policy protects the videographer against possible financial losses if the client decides to cancel the contract on short notice. A cancellation policy is a standard practice in the videography service industry due to the distinct nature of the industry. In the event a client cancels at the last minute, the videographer will have difficulty finding another reservation or booking, which often results in a loss of revenue and profit. This provision allows for a videographer to receive full or partial payment if the client cancels the contract without enough prior notice.
The Videography Contract provides that, in addition to any other rights provided by law, a party may terminate (end) the contract if the other party has failed to fully perform the obligations under the contract. The non-breaching party may provide the party in default with written notice of the breach and state the number of days that the breaching party will have to cure (fix) the default. A typical period to cure is thirty (30) days. If the party in default fails to remedy the situation in the specified number of days, the non-breaching party may be able to terminate the contract or take legal action.
A deposit is a fee that the videographer can require a client to pay at the time of contracting for services. Deposits may be non-refundable, partially refundable, or fully refundable, depending on how far along the contract has progressed. A monetary deposit is a standard policy in the videography service industry due to the distinct nature of the industry. The deposit protects the videographer against possible financial losses if the client cancels.
A client can require that the videographer indemnify the client for any injuries that the videographer may encounter or cause through the acts of the videographer or the videography company. This essentially means that the videographer or videography company is responsible if something or someone is harmed because of the acts committed by the videographer or videography company.
The Videography Contract includes an option that requires the videographer to protect and not disclose the client's proprietary or confidential information. "Confidential information" is information that is unique to a specific business or individual, and is not available from other sources. Additionally, information is confidential if unauthorized disclosure could result in harm to the owner. Some examples of "Confidential information" might include customer lists, trade secrets, products, business plans, financial statements, and manufacturing processes.
This Videography Contract can be signed by authorized representatives of both parties and becomes effective as of the date specified in the contract. It is not necessary that the signatures be witnessed or notarized. Using electronic signatures can save time, and make contracts easier to manage and store.
If signing paper copies, you may want to have two copies of the contract signed so that each party has a copy with original signatures. Keep original copies in a safe location.
The length of the contract should be clearly stated. Options for the term include:
Certain provisions of the contract, however, may survive the end of the contract. Confidentiality requirements, for example, usually continue beyond the contract. So, if the contract includes a confidentiality provision, the videographer usually must continue to keep the customer's protected information confidential beyond the stated term of the contract.
This document includes an option that allows the videographer to provide a warranty that the services provided under the contract will meet the local standard of similar service providers in the industry. This provides a minimum level of performance that the videographer must meet to fulfill the terms of the contract. This provision should not be included in the contract if the videographer will not provide a specific warranty.
If a product is created as a result of the service, it is important to specify which party will own the rights to the work product. The client generally has an expectation to be the owner of any work product resulting from the services. This provision confirms this expectation and obligates the videographer to cooperate in documenting the client's ownership rights.
|
Term |
Definition |
|---|---|
|
Arbitration |
A form of Alternative Dispute Resolution (ADR) in which two or more parties agree to submit a dispute to a neutral, qualified, third-party individual known as an arbitrator rather than taking the dispute to court. The arbitrator will conduct a proceeding that resembles a trial in some ways. Each side may present arguments, witnesses, and evidence. If the parties agreed in advance that arbitration would be binding, the arbitrator’s decision will have the same force of law as a court order. |
|
Confidentiality |
An agreement between two parties to a contract not to disclose or profit from confidential information obtained from the other party while performing services under the contract. For example, a videographer doing work for a business might overhear confidential discussions about or with clients. They would be obligated not to disclose what they heard or misuse that information. |
|
Default |
When one party to a contract fails to fulfill their obligations under the contract, this is called a default. A default by one party may give the other party the right to terminate the contract without penalty. If the non-defaulting party suffers losses because of the default, they may be entitled to legal remedies for breach of contract. |
|
Indemnification |
An agreement that a party to a contract will cover the other party against any legal liability for their actions. In the context of a Videography Contract, indemnification by a videographer might involve covering the client if someone files a lawsuit against the client for something that was the videographer’s responsibility, such as making sure they had copyright clearances for everything contained in the video they produced for the client. |
|
Remedies |
After a breach of contract, or default, how the breach or default are corrected are often called remedies. Remedies are intended to make the non-breaching party whole by reimbursing them for their losses. This may include:
|
|
Warranty |
A statement in a contract made by one party (the “warrantor”) to the other regarding the condition of goods or services that they will provide. If the goods or services do not meet the standard of quality promised, the warrantor may be liable for repairs, fixes, or a refund. |
|
Work product ownership |
A provision in a contract establishing who will own the video that will be produced. The owner will hold the copyright to the work and will have the right to use it however they want. Typically, the video will be a work-for-hire owned by the client. The videographer may retain limited rights, such as the right to use clips from the video for their own marketing and promotion. |
