1. Purpose and Authorization
The Client is engaging the Video Producer for the purpose of creating video(s) for The Client.
2. Payment
All invoices are payable within 5 business days of receipt. A $25 service charge is payable on all overdue balances for reissuing each invoice at 30, 60, and 90 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
3. Default in payment
The Client shall assume responsibility for cost outlays by Video Producer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
4. Timeframes
The Video Producer does not promise or guarantee any delivery date or milestone for completion of any portion of, or the entirety of, this Project.
5. Refunds
As long as no work has been started after a specific payment has been made, a refund may be made in full upon request for that specific payment. No refunds will be given for payments on which work has been started.
6. Expenses
The Client is responsible for any third-party expenses which may arise as a result of partaking in this service. These fees may include but are not limited to; stock footage libraries, stock music, stock imagery, etc.
7. Cancellation
Both the Client and the Video Producer are free to discontinue the service at any time and without warning.
8. Ownership
Ownership of all footage, title overlays, designs, and design elements remain the Video Producer’s if there are any outstanding invoices or required payments for services rendered. As long as payments are up-to-date, Video Producer releases rights, ownership, and use of the deliverables created under this agreement.
9. Work Acceptance and Content
This agreement does not obligate the Video Producer to undertake any specific request for work for any party. Video Producer reserves the right to decline work which he/she deems to be overtly sexual, suggestive, obscene, or otherwise offensive in nature. Should Video Producer decline a request for work, the Client holds the Video Producer harmless from any cost, repercussion, responsibilities, and obligations which may result from a such forgone offer whether directly or indirectly.
10. Credit Lines
Video Producer retains the right to showcase, display, promote and otherwise exhibit work completed on this project for the sake of promotional and/or portfolio purposes. This includes but is not limited to, footage, titling, animations, comps, completed products, reviews, and any elements used in the process of creating this project.
11. Releases
The Client shall indemnify the Video Producer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
12. Modifications
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
13. Uniform Commercial Code
The above terms incorporate Article 2 of the Uniform Commercial Code.
14. Code of Fair Practice
The Video Producer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Video Producer has full authority to make this agreement; and that the work prepared by the Video Producer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Video Producer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Video Producer harmless for all liability caused by the Client’s use of the Video Producer’s product to the extent such use infringes on the rights of others.
15. Limitation of liability
The Client agrees not to hold the Video Producer or his/her agents or employees liable for any incidental or consequential damages that arise from the Video Producer’s services, or failure to perform any aspect of the project, regardless of whether such damage was caused by intentional or negligent acts or omissions of the Video Producer or The Client, any client representatives or employees, or a third party. Video Producer does not warrant that the Deliverable will produce any particular income or result, positive or negative. In no event will the Video Producer be liable to The Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
16. Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms.
16a. Acceptance of Terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Video Producer as sender and The Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
This contract is held accountable to the legal system of the US and any applicable statutes held therein.