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.
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
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