Below is a our standard video agreement and model release for live event and wedding film coverage. We are more than happy to amend these terms to fit your needs.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Videographer and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
RESERVATION: A signed contract and retainer are required to reserve the specified coverage.
HOUSE RULES: The Videographer is limited by the guidelines of the ceremony or reception site management. Client agrees to accept the technical results of their imposition on the Videographer. Negotiation with the officials for moderation of guidelines is client's responsibility; the Videographer will offer technical recommendations only.
FILM and COPYRIGHTS: Until final payment for services is made, the videos produced by the University Film Productions are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Videographer's explicitly written permission. Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions:
The client must obtain written permission from and compensate the Videographer prior to the client or its friends and relatives publishing or selling the videos for profit.
EXHIBITION: Client grants the Videographer permission to display selected images or clips as an example of the Videographer's work and for entrance into competitions and release all claims to profits that may arise from use of videos.
MODEL RELEASE. The client hereby grants to the Videographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish videos of the client or in which the client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases the Videographer and its legal representatives and assigns from all claims and liability relating to said videos.
LIMIT OF LIABILITY: The Videographer takes the utmost care with respect to exposure, transportation, and processing the videos. However, in the unlikely event that videos have been lost, stolen, or destroyed for reasons within or beyond the Videographer's control, the Videographer's liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the footage lost based on the percentage of total footage.
RETAINER: In the event of cancellation, the retainer paid is non-refundable. The client agrees to provide cancellation notice in writing and releases the Videographer from any responsibilities and liabilities.
EVENT OF FORCE MAJEURE:
1 Definition of Force Majeure
In this Clause, ”Event of Force Majeure" means an event beyond the control of the client and the videographer, which prevents either party from complying with any of its obligations under this Contract, including but not limited to:
1.1 act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
1.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
1.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
1.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
1.5 acts or threats of terrorism.
2Consequences of Force Majeure Event
2.1 Neither the Client nor the Videographer shall be considered in breach of this Contract to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises on or prior to the production date.
2.2 The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
2.3 If and to the extent that the Videographer is prevented from executing the Services by the Event of Force Majeure, the Videographer shall be relieved of its obligations to provide the Services until an alternate production date is chosen by the Client. Once the alternate production date has been decided by the Client the Videographer will continue to perform its obligations under the Contract so far as reasonably practicable [and in accordance with Good Operating Practices], [PROVIDED that if and to the extent that the Videographer incurs additional Cost in so doing, the Videographer shall be entitled to the amount of such Cost [COST BEING DEFINED AS HAVING NO PROFIT COMPONENT] (the Videographer having taken reasonable steps to mitigate the Cost)].
FAILURE TO DELIVER AGREED UPON SERVICES:
1 Definition of Agreed Upon Services
1.1 University Film Productions will arrive on time to the call times specified by the client in writing.
1.2University Film Productions will render all post production tasks in reasonable and timely manner, meeting any project deadlines agreed upon in writing so far as reasonably practicable [and in accordance with Good Operating Practices].
1.3University Film Productions will deliver all specified deliverables outlined in the proposal (Tier 1 Wedding Package, Raw Footage Hard Drive)
2 Consequences Of Not Delivering Agreed Upon Services
2.1 In the event University Film Productions does not arrive on time to the agreed upon call times or render post production tasks in a timely manner, the Client shall receive a refund totaling 25% of the total Contract Value.
2.2 In the event University Film Productions fails to deliver any of the deliverables outlined in the proposal, the Client shall receive a prorated refund for the assets not delivered based on the percentage of total video deliverables.