SERVICE AGREEMENT

SERVICE AGREEMENT

This Service Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ _______ (the “Effective Date”), between;

Freelancer Contact Info:

Name:____________________ PH:____________________ Email:____________________

Social Media:____________________ City:____________________

Client Contact Info:

Name:____________________ PH:____________________ Email:____________________

Social Media:____________________ City:____________________

Client: ☐Individual or ☐Company, Company Name:______________________

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  • TERM

The initial term of this Agreement shall be for a period of _______ [Days/Weeks] commencing on the Effective Date herein, subject to being renewed.

  • SERVICES
    1. The Freelancer shall provide the following service ☐Photo ☐Video ☐both. Service summary; _____________________________________________________________________________________________________________________________________________________________________________________________________________.
    2. Number of revisions included in this contract: _____. The Client agrees upon finished content delivery that no other edits shall take place on content unless agreed upon by both parties in this contract.
    3. Content created under this contract will be delivered through a Dropbox link or email. If content files are too big to send online or online isn’t an option then content will be delivered on a USB which shall be covered in the cost.

Start date of said services: d____/m____/y____ Completion date: d____/m____/y____

Location & Set Times:

Location a):________________________________________ Time: __________

Location b):________________________________________ Time: __________

Location c):________________________________________ Time: __________

  • PAYMENT/CHARGES
    1. The Client shall pay: ☐Fixed rate $________ ☐Hourly rate $_________ ☐Daily rate $________. A 25% non-refundable retainer fee is due upon booking for said services in this contract. Retainer fee will go towards total sum of said services. The remaining sum is due upon day of shoot unless otherwise stated in this contract.
    2. Completed/edited content will be released once total sum has been paid in full, including extra expenses that may have been added on such as venue, travel &   accommodation expenses. All pricing includes taxes.
    3. An editing/revision fee of 15% of total sum of service (excluding extra expenses) will be charged per revision after said amount of included revisions is used. Venue, travel and accommodation expenses will be charged as extra expenses. A fee of $0.50 per kilometer each way will be charged for travel outside city limits.
    4. For commercial and editorial rights an extra fee will be charged upon discussion & agreement made by both parties in this contract at a rate/sum of:$__________
    5. Invoice(s) will be delivered within a week of finished content delivery. 

Venue Name:____________________________________ Expense (if any):$___________

Travel to:_______________________________ From:_______________________________ 

Km total distance:_________ Total travel sum:$___________

Total project sum due upon delivery:$___________

Payment method: ☐E-transfer ☐Credit/Debit, ☐Cash 

Email:__________________________

  • PROPRIETARY RIGHTS
      1. The Client shall have digital, print, reproduction and social rights of the content produced under this Agreement as soon as the last payment has been made and the Freelancer has transferred ownership to the Client. 
      2. The Freelancer shall retain rights over the contents to use in their work/professional portfolio to advertise and/or market their services. The Client understands and agrees that the Freelancer shall have the discretion and proprietary rights over the content in so far as they are using the content as part of their professional portfolio.
  • CONFIDENTIALITY/NON-DISCLOSURE
      1. The Freelancer agrees not to disclose to any third party and/or the public, confidential information or materials of the Client such as personal information in provided under this Agreement such as names, addresses, and billing information unless with the Client prior consent.
      2. Parties agree that either and/or both Parties can share and/or post a preview of the project on social media before services/project is complete.
  • LIABILITY/INDEMNIFICATION/WAIVER.
      1. Parties shall be responsible for their safety and safety of their belongings during the term of this Agreement. Each Party agrees to defend and indemnify the other Party of all legal liability that may arise from injuries sustained during the term of this Agreement and/or loss or damage to property.
      2. The Client agrees to waive, release and discharge the contractor and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, or actions of any kind which may hereafter occur to the client or related persons involved in the shoot including your traveling to and from this photo/video shoot.
  • TERMINATION/CANCELLATION
      1. Parties agree that either Party can terminate/cancel this Agreement at any given time, provided that the intending Party provides the other Party a _____ Day Written Notice on the termination/cancellation. If the weather is deemed not fit for the photoshoot/video or equipment then project can be moved forward to a later date once agreed upon by both parties of this Agreement.
      2. In the event that the Client terminates/cancels the services covered herein after signing this Agreement, they shall forfeit the Retainer Fees, unless such termination/cancellation is due to an illness, adverse weather conditions, acts of God and/or acts that are beyond the control of the Client. Under such circumstances the Parties shall reschedule the services to a favorable date.
      3. In the event that the Client cancels before a week prior to start date listed in this Agreement but moves date forward to another date then the retainer fee will be moved forward & remains in place.
      4. In the event that the Freelancer cancels services listed in this Agreement due to illness, equipment failure, adverse extreme weather condition, acts of God and/or conditions beyond the Freelancer’s control, the retainer fee will be moved to another date agreed upon by both parties. If the client in this circumstance does not wish to move said services to another date then the retainer fee will be refunded.
  • SURVIVORSHIP

This Agreement survives the individuals who signed it and applies to their successors and executors; and that the rest of the contract survives any one part of it being struck down by applicable laws.

  • GENERAL PROVISION, GOVERNING LAW AND JURISDICTION
    1. This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
    2. This Agreement shall be governed by and construed in accordance with the laws of Canada. Exclusive jurisdiction and venue shall be in Canada.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

FREELANCER:_____________            ________________________                 ___________

                                 (SIGNATURE)                  (NAME)                                             (DATE)

CLIENT:_____________            ________________________              ___________

                  (SIGNATURE)                           (NAME)                                    (DATE)

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