Videographer Services Agreement

VIEWS: 1,007 PAGES: 7

More Info
									This is an agreement between a videographer or videographer service and a client that
sets out the terms and conditions of the service. This agreement specifies the type of
service, the compensation, and the delivery date. This document contains numerous
standard provisions that are commonly included in these types of agreements, and may
be customized to fit the specific needs of the contracting parties. This agreement can
be used by small businesses or other entities that provide videographer services or by
clients looking to hire a videographer.
                                                2



              VIDEOGRAPHER SERVICES AGREEMENT

                THIS VIDEOGRAPHER SERVICES AGREEMENT (the “Agreement”),
entered into this ______ day of _________, 2__________, by and between _________________
(the “Videographer”) and _____________________ (the “Client”).

               WHEREAS, the Videographer provides videography services and products;

              AND WHEREAS, the Client is desirous in retaining the videography services (the
“Services”) of the Videographer for the purposes of __________________________ (the
“Event”)

               AND WHEREAS, the Videographer shall provide the Services to the Client on
the terms and conditions contained herein.

               NOW THEREFORE, in consideration of the premises and the exchange of mutual
covenants set out herein and for other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties hereto covenant and agree as follows:

1.00           EXCLUSIVITY

1.01           The Client hereby acknowledges and agrees that the Videographer shall be the
only videography service provider hired and retained by the Client for the Event and any and all
samples prints and/or video tapes shall remain the property of the Videographer and may be used
by the Videographer for the purposes of advertising or displaying.

1.02            The Client hereby acknowledges and agrees that family members and/or friends
of the Client (may/may not) videotape the Event, providing such videotaping by family members
and/or friends is for non-commercial purposes.

2.00           SERVICES

2.01            The Client and the Videographer hereby acknowledge and agree that the
Videographer shall meet with the Client within ________ (___) days/weeks of the scheduled
Event for the purposes of finalizing the details of the Event, including but not limited to, Event
start time, locations and special footage requests.

2.01           The Videographer shall supply to the Client _______ (__) Videographer from its
staff for the Event and such other assistants or personnel as the Videographer may deemed
necessary for the videographing of the Event.
                                                3


3.00           LIABILITY

3.01          The Videographer shall at all time or times, take all of the necessary safety
precautions with respect to the exposure, transportation and handling of all videotapes of the
Event.

3.02          In the event such videotapes of the Event are lost, stolen, damages or destroyed
for any reason or reasons beyond the control of the Videographer, the Client hereby
acknowledges and agrees that the Videographer’s liability shall be limited to the return of all
payments received from the Client for the videographing of the Event.


4.00           CONSIDERATION

4.01          The Client and the Videographer hereby agree that the consideration to be paid by
the Client to the Videographer for the videographing of the Event shall be the sum of
_________________ ($_________) Dollars (the “Consideration”).

4.02          The Client hereby agrees that the Client shall pay to the Videographer a deposit,
which shall be applied towards the Consideration owing to the Videographer, in the sum of
_______________ ($_________) Dollars (the “Deposit”). Such Deposit shall be non-refundable
and shall be due and payable to the Videographer upon execution of this Agreement. The
Videographer upon receiving the Deposit from the Client shall reserve the date and time for the
Event.

4.03         The Client hereby agrees that the Client shall pay any and all monetary balances
due and owing to the Videographer within _________ (___) days after the Event.


5.00           DELIVERY OF FINAL PRODUCT

5.01          The Client and the Videographer hereby acknowledge and agree that the
Videographer shall provide to the Client, a final, edited copy of the videotape of the Event within
___________ (___) days/weeks after the Event.


6.00           UNEXPECTED EVENTS

6.01           The Client hereby agrees that the Videographer shall not be liable to the Client
under any circumstances if its performance is prevented or impaired due to ware, insurrection,
strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes
or any governmental restriction which may conflict with the terms and conditions of this
Agreement.
                                               4


7.00          CHANGES TO EVENT

7.01           The Client hereby agrees that should the Client request a change in the Event
time, date or location, the Videographer shall use all of its reasonable efforts to accommodate
such change request by the Client. However, should the new requested time, date or location
conflict with the Videographer’s existing schedule, the Videographer shall reserve the right to
terminate this Agreement.

8.00          RELEASE

8.01            The Client hereby acknowledges and agrees to grant to the Videographer the
unrestricted right to copyright, use and publish any videos and/or photographs of the Event for
commercial promotion or for other purposes without any compensation or liability to the Client.

8.02          The Client hereby agrees that it shall notify all persons attending the Event, that
the Event will be videotaped. Any and all parties who attend at the Event, will therefore be
considered as consenting to be included in the Videographer’s final edited video and/or
commercial/promotional video by their presence.

8.03            The Client hereby acknowledges and agrees that it shall be the Client’s sole
responsibility for securing permission from the owner of the premises where the Event is to be
located to allow the Videographer to videograph the Event.

9.00          GENERAL PROVISIONS

9.01        This Agreement shall be construed as to both validity and performance and
enforced in accordance with and governed by the laws of the Province/State of
___________________.

9.02           This Agreement shall constitute the entire agreement between the parties and any
prior understanding or representation of any kind preceding the date of this Agreement shall not
be binding on either party to this Agreement except to the extent incorporated in this Agreement.

9.03           Any modification to this Agreement must be in writing, signed by the parties or it
shall have no effect and be void.

9.04           The headings utilized in this Agreement are for convenience only and are not to
be construed in any way as additions to or limitations of the covenants and agreements contained
in this Agreement.

9.05           This Agreement may be executed in several counterparts, each of which when so
executed shall be deemed to be an original and such counterparts together shall constitute one
and the same instrument and shall be effective as of the formal date hereof. This Agreement may
be executed and transmitted via e-mail and/or facsimile transmission and in such event shall be
effective and binding on the parties hereto and their successors and assigns as if originally
executed.
                                                 5



9.06            If any provision of this Agreement is found by a court of competent jurisdiction to
be unenforceable, such provision shall not affect the other provisions, but such unenforceable
provision shall be deemed modified to the extent necessary to render it enforceable, preserving to
the fullest extent permissible the intent by the parties set forth therein.

9.07          Neither party may assign, transfer or delegate any of its rights or obligations
hereunder without the prior written consent of the other party.

9.10             Any court action to enforce this Agreement, or relating or arising out of this
Agreement or the Services provided by the Videographer shall be brought in a court of the
applicable jurisdiction. Any action, arbitration or other judicial proceeding related to any dispute
arising from this Agreement, each party to this Agreement hereby agrees that each party shall
bear their own attorney’s fees. Should any provision of this Agreement be invalid, illegal or
unenforceable, such provision shall be severable from the remainder of this Agreement and the
validity, legality and enforceability of the remaining provisions shall not, in any way be affected.

9.11           The Client hereby agrees that the Videographer shall have the sole control over all
aspects regarding the videotaping of the Event, the production and post-production videography
services.

        IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first above written,

       DATED this _________day of ____________, 20___.


                                                     (VIDEOGRAPHER)
                                                     Per:



                                                     Name:
                                                     Title:
                                                     I have authority to bind the Company.


or if Videographer is an individual



Witness:                                             Videographer



Witness:                                             Client
                            6


or if Client is a Company

                                (CLIENT)
                                Per:



                                Name:
                                Title:
                                I have authority to bind the Company.
                                                                     7


								
To top