TERMS OF AGREEMENT
This Agreement is entered into as of: 04/20/2017 between:
Nice Shot Films of Dallas, Texas, a DBA of Zoomhum LLC (hereinafter referred to as the ‘Supplier’).
Kalyn Fisher and Garrett Blosel (hereinafter referred to collectively as the ‘Client’).
With respect to the creation of images and/or video footage:
WHEREAS, the Supplier is a professional videographer of good standing.
WHEREAS, the Client wishes the Supplier to create the video footage pursuant to this Agreement.
NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
1. EVENT DESCRIPTION.
The Supplier agrees to create the video in accordance with the following specifications:
b. Date of Event: 10/07/2017
c. Times that Supplier will be present: 8 hours, TBD by The Client
Farmers Branch Historical Park, 2540 Farmers Branch Lane, Farmers Branch, TX 75234
a. The videographer has sole artistic discretion under the Supplier. The Client acknowledges that the videographer has a ‘journalistic’ approach and adheres to his/her said style. No shots throughout the day are guaranteed but videographer will make best efforts to capture all requests of Client (such as, but not limited to formals, first kiss, bouquet toss, etc.). The Client acknowledges that the Supplier is using their artistic discretion to create video as they see fit. The videographer will be present on the day of the event for no less than eight hours and will decide with Client, Client agreement not to be unreasonably withheld when enough video has been captured.
b. Processed digital files are to be mailed three weeks from the date of the event in the form of digital data.
2. USE OF VIDEO. Video footage is produced strictly for the Client’s private use only. The Client assumes all liability for any form of copyright infringement.
3. GRANT OF RIGHTS. The Supplier hereby grants the Client the following exclusive rights to use the video for use as a ‘personal demo’ for the product/publication names in paragraph 1(a). These rights shall be worldwide and for the full life of the copyright and any renewals thereof unless specified to the contrary here, unless the videos are sold to outside parties. This grant of rights includes electronic rights, unless specified to the contrary here. Electronic rights granted shall be subject to the usage restrictions described above. For the purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer discs, digital video media, computer databases, and network servers. The Client is obtaining video for personal use only, including non-commercial websites and shall not sell video or authorize any reproductions thereof by parties other than the Supplier. If any of the Supplier’s video are published on the web or other media, proper video credit is required: © video by: Nice Shot Films. If the Client is obtaining a video for digital websites, newspaper announcements, etc. for the event, the Supplier hereby authorizes the Client to reproduce the video in the aforementioned manner.
4. DELIVERABLES. The Supplier agrees to provide two videographes for the above-stated times and dates. The Supplier will make three films for the Client. The supplier will make a highlight wedding film, a film of "well-wishes" from guests at the reception, and an additional film that contains extended-cuts from the day that the Client requests. A custom webpage will be made for the Client, where films can be viewed, downloaded, and shared. Three DVDs will also be mailed to the Client.
5. FEE. The Client agrees to the following fees for the services set forth in paragraph 1 herein and including using rights granted.
Base rate: $2,495.00
Sales tax: 8.25%
In the event of a termination of this Agreement by the Client, all fees that have already been paid to the Supplier will be nonrefundable. Termination by the Client shall be in writing and sent via e-mail as a signed PDF to the Supplier (firstname.lastname@example.org). Acceptable forms of payment include all major credit cards, cash, and personal checks. Please make checks payable to David Myers.
6. EXPENSES. The Client agrees to reimburse the Supplier for all reasonable expenses presented in advance in writing and approved by Client in writing incurred in creating the video, provided that such expenses shall be itemized and supported by invoices. The Client is responsible for all out-of-pocket expenses such as parking fees, videography permits, entry fees, tolls, and other expenses directly related to the filmmaking assignment(s). Such expenses will be billed as they become available.
7. PAYMENT. The Client agrees to pay the Supplier twenty percent of the total amount as a reservation fee upon signing this Agreement. The Client agrees to pay the Supplier the remaining balance at least two weeks before the day of the event. Upon signature, the Supplier reserves the time and date listed in Paragraph 1. For this reason, all reservation fees are nonrefundable, including event date change. There shall be no refund for any payments made, unless the Supplier fails to produce the promised product, then all fees paid will be refunded within ten business days of written request by the Client. The Client is aware that the Supplier is blocking off the particular date listed in Paragraph 1 and therefore is turning away other potential events/clients on that date. Therefore, refunds of any sort are not permitted except as provided above. If the remaining balance is not received, the Supplier will not be expected to attend the event. Additional custom orders must be paid in full at the time of order. If additional hours are worked, products will not be delivered until payments for all products have been received. A $50.00 fee will be charged for returned bank checks or international checks. If the Client fails to deliver payment by the terms set forth, the Supplier shall charge that Client a service fee of $50.00 plus 2% interest per month.
8. LIABILITY. The Supplier and any of his/her agents/third party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of God, equipment issues, illness, or other failures. The Supplier is not responsible for loss of or interference with video due to the restrictions on location, such as interference from surrounding devices, access limitations, flass restrictions, and the like. This limitation on liability shall also apply in the event that video materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Supplier. The Client understands the unpredictable and non-posed nature of filmmaking and waives any right to civil action due to missed/lost video, including but not limited to unintentional infliction of emotional distress and negligence. Omissions or failure to produce specific video that may be discussed or proposed prior to the event shall not void this Agreement and/or shall not result in compensation to the Client. In the event that the Supplier fails to perform for any reason, the Supplier’s liability is limited solely to the return of all payments received from the Client under this Agreement.
9. AUTHORSHIP CREDIT. Authorship credit in the name of the Supplier shall accompany all video footage when reproduced. (© video by: Nice Shot Films)
10. COPYRIGHT NOTICE. Copyright notice in the name of the Supplier shall accompany all video footage when reproduced. (© video by: Nice Shot Films) All copyrights, as well as originals (digital), shall remain the sole property of the Supplier. In the event that digital negatives are provided, the Supplier still retains copyrights on the video footage.
11. OWNERSHIP OF PHYSICAL VIDEO FOOTAGE AND STORAGE MEDIA. The ownership of the physical video footage in the form delivered shall be the property of the Client. Sketches and any other materials created in the process of making the finished video shall remain the sole property of the Supplier. Storage media (such as computer discs and digital cards) that contain electronic copies of any or all of the video footage shall be the sole property of the Supplier. All filmmaking materials, including but not limited to, digital files, transparencies, and previews shall be the exclusive property of the Supplier. The Supplier will produce all reproductions from the final edited images/video at retail price. The Supplier is not obligated to retain masters or copies of raw or edited video footage.
12. WARRANTY AND INDEMNITY. The Supplier warrants and represents that he/she is the sole creator of the video footage and owns all rights granted under this Agreement. The video is an original creation (except for materials obtained with the written permission of others or materials from the public domain), do not infringe any other person’s copyright or rights of literary property, and do not violate the rights of privacy of other persons. The Client agrees to indemnify and hold harmless the Supplier against any claims, judgments, court costs, attorney’s fees, and other expenses arising from an alleged or actual breach of this Agreement by the Client.
13. ARBITRATION. All disputes arising under this Agreement shall be submitted to binding arbitration in Dallas, Texas, pursuant to the rules of the American Arbitration Association. Judgment upon arbitration awarded may be entered in any court having jurisdiction thereof.
14. ASSIGNMENT. The Supplier shall have the right to assign monies due to him/her under the terms of this Agreement, but shall not make any other assignments hereunder.
15. TERMS AND TERMINATION. Subject to Paragraph 4, the Client may terminate this Agreement at any time prior to the Supplier’s commencement of work and may terminate thereafter if the Supplier fails to adhere to the specifications or schedule for the video footage. This Agreement shall also be terminated in the event of the Supplier’s bankruptcy or insolvency. The rights and obligations of the parties pursuant to Paragraphs 3 and 8-13 shall survive termination of this Agreement.
16. MISCELLANY. This Agreement constitutes the entire understanding between the parties. Its terms can only be modified in writing and signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives. The laws of the State of Texas shall govern this Agreement.
17. PERMISSIONS TO FILM. It is the sole responsibility of the Client to secure permission of the church, synagogue, or other venue for the Supplier to film the ceremony/event. The Client shall insure the placement of the bridal party, the efficient(s), and the altar decorations so as to not obscure the view of the Client (such as the bride/groom). The Supplier will abide by the rules of the venue with regard to camera placement during the event. Many cities, countries, state agencies, and private venues/businesses are charging a filmmaking permit fee. The Client is responsible for the payment of such fees. In the event that the Client fails/refuses to pay for any such permit fees and any/all related costs or fines, video footage will be held until payment is received.
18. FINAL VIDEO. The Supplier makes no guarantee, neither expressed nor implied, with regard to the quality of the video footage because they are subjective and, in addition, may be influenced by many factors beyond the control of the Supplier (especially during live/un-staged events, such as weddings). It is also understood that the Client is hiring the Supplier for his/her technical and artistic expertise and therefore, the Supplier reserves the right to edit the video footage as he/she sees fit. The Supplier does not guarantee that everyone involved in the event will be filmed nor will be included in the final edited video footage. The Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.
19. POST-PRODUCTION COSTS. Requests for changes to the final video by the Client will be completed by the Supplier. The first and second round of edits to be provided at no charge from Supplier to Client. Subsequent rounds of editing will be billed at $150 per hour.
20. EVENT FOOD SERVICE. The Client will provided the Supplier and his/her assistant(s) with a meal for events lasting five hours or longer. If no meal is provided, it is understood that the Supplier and his/her assistant(s) may leave the event for one hour for a meal break. The Supplier is not responsible for any images or video footage that will be missed during that time.
21. MODEL RELEASE. The signing of this Agreement by the Client constitutes a commercial model release by the Client to the Supplier. The Supplier will have the right to make reproductions, including but not limited to, website, portfolio samples, self-promotion, magazine editorial use, advertising/marketing and professional competition without further release. The Supplier will not make reproductions for other commercial use without first obtaining the written permission from the Client. The Client waives the right to tort of invasion of privacy due to any reproductions. It is the responsibility of the Client to advise any and all participants and attendees that the event will be recorded. All parties attending the event will therefore be considered as consenting to be included in the final edited video by their presence. It is also the responsibility of the Client to secure permission to record the event location(s).
22. VIDEOGRAPHER SUBSTITUTION. In the event that the Supplier becomes ill, encounters an emergency, or other situation that prevents performance, he/she may substitute another qualified videographer for the event described above. In the event of such a substitution, the Supplier warrants that the videographer filming shall be a competent professional. If a suitable substitute is not available, liability is limited to the return of all payments received. The Supplier will notify the Client of all substitutions, conditions, and status promptly.
23. EXCLUSIVE VIDEOGRAPHER. The Supplier shall be the exclusive videographer retained by the Client for the purpose of filming the event. Family and friends of the Client are permitted to film as long as they do not interfere.