FILM CREATION AGREEMENT

FILM CREATION AGREEMENT

This Film Creation Agreement effective as of _______________________ is entered into by and between ____________________________ (‘Client”) AND ____________________________ (‘Videographer’). Individually referred to as ‘Party’ and collectively referred to as ‘Parties’. The Parties intend to be legally bound as follows:

  1. WORK PRODUCT

The Videographer will employ expertise and skill in creating a short film as per the requirements of the Client. The Short film will be about: __________________________

  • OWNERSHIP AND LICENSES

As part of his job, the Videographer is creating “work product” for the Client. The Videographer hereby gives the Client this work product once the Client pays for it in full. This means that the Videographer is giving the Client all of its rights, titles, and interests in and to work product (including intellectual property rights), and the Client will be the sole owner of it. The Client may use the work product however it wants or it can decide not to use the work product at all.

Additionally, once the Videographer gives the work product, he can use the work product to create his website, portfolio or advertise his services on social media. The Videographer is not allowed to sell or otherwise use the work product to make money or for any other commercial use.

  • CONSIDERATION

In consideration of the work product created by the Videographer, the Client will pay a total amount of $ 150,000, 75% of the total amount is due prior to the signing contract and the remaining 25% will be paid upon completion of the project. The Payment will be through direct bank transfer. The footage will be watermarked until the final payment is made. The Client may not use any footage until the full payment has been made.

If the Client is dissatisfied with the work product, they will be required to pay a ‘kill fee’ of 50% of the remaining 25% owed.

  • TERM

The term of the Agreement will commence on ____________________ and continue effectively until the work product is completed.

  • TERMINATION AND CANCELLATION

Either Party may cancel this Agreement by providing sufficient notice preferably 14 day notice to the other party before the delivery of the “work product” commences.  The Videographer can terminate the agreement due to illness, family emergency, or altered project parameters do to the Client making requests outside of the original scope of the work. If the Videographer cancels before work or payment to any hired labor has taken place 100% refund will be issued. If the Videographer cancels after the work has begun or labor has been paid, then 75% will be refunded after all labor and expenses have been paid.

  • INDEPENDENT CONTRACTOR

Nothing herein shall be taken to establish any partnership, joint venture, agency, or employment relationship. Videographer is, and at all times will be, an independent contractor. Videographer shall receive no benefits from the Client. Videographer shall be responsible for all of Videographer’s own taxes, and no amounts will be withheld by client.

  • INDEMNIFICATION

The Client agrees to indemnify the Videographer and save it harmless against any and all liabilities, including judgments, costs and reasonable counsel fees, for anything done or omitted by the Videographer in the execution of this Agreement, except as a result of the Videographer’s gross negligence, willful misconduct or bad faith.

  • DISPUTE RESOLUTION

Any dispute arising regarding the subject matter of the agreement shall be solved by negotiation between the parties.

  • GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the state of Los Angeles and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Los Angeles. The Parties agree that this choice of law, venue and jurisdiction provision is not permissive, but rather mandatory in nature.

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

  1. FORCE MAJEURE

The Videographer will not be liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

IN WITNESS WHEROF, the Parties execute this Agreement as follows:

EXECUTION

Name: _____________________________________

Representative Name: __________________________

Representative Title:  _____________________________

Representative Signature: ________________________

Name:  _______________________________

Representative Name: _____________________

Representative Title: _________________________

Representative Signature: _________________

 

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