VIDEOGRAPHY SERVICE CONTRACT
1. The Parties. This Videography Service Contract (“Agreement”) made on this [insert
date] (“Effective Date”), is by and between:
The Videographer: XXXX, whose address is [insert address], [insert
email].
-AND-
The Client: XXXXXXX GROUP, [insert the address of the
client]
Videographer and Client are each referred to herein as a “Party” and, collectively, as the
"Parties."
IN CONSIDERATION of the mutual promises and agreements contained in the
agreement, the Client hires the Videographer to work under the terms and conditions
hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall be for a 12-month period, and shall begin on
[insert start date] and end on the [insert the end date]:
III. The Service. The Videographer agrees to provide the following services;
a. [insert the services offered]
Hereinafter known as the “Service”.
In the performance of his duties to provide the service, the Videographer shall comply
with the policies, standards, and regulations of the Client, including local, State, and
Federal laws and to the best of their abilities.
Videographer grants permission to the Client to reproduce videos and make an
unlimited number of prints for personal use only. This permission applies
worldwide. Client agrees the he/she may not use any videos for commercial or
editorial purposes, or enter any video into competition without express written
consent from the Videographer. The copyright to all videos shall be shared between the
parties.
IV. Payment Amount. The Client agrees to pay the Videographer a retainer fee of
$1200.00 as compensation for the Service performed under this Agreement.
Hereinafter known as the “Payment Amount”.
V. Payment Method. The Client shall pay the $1200.00 monthly, within 15 days after
invoice has been sent by the Videographer.
VII. Additional Services. Where the client requires additional services from the ones
initially agreed upon, he/she will bear the burden in terms of additional cost for the
performance of such extra service
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VIII. Time is of the Essence. Videographer acknowledges that time is of the essence in
regard to the performance of all Services.
IX. Confidentiality. Videographer acknowledges and agrees that all financial and
accounting records, lists of property owned by Client, including amounts paid, and any
other data and information related to the Client is confidential.
The Client agrees that details relating to Videographer’s studio, equipment, shooting
techniques, video backdrops. and lighting techniques is Confidential. (“Confidential
Information”).
Therefore, except for disclosures required to be made to advance the business of the
Client as well as the business of the Videographer, and information which is a matter of
public record, neither party shall, during the term of this Agreement or after its
termination, disclose any Confidential Information, except with the prior written consent
of the other party.
a.) Return of Documents. The Client acknowledges and agrees that all originals
and copies of records, reports, documents, lists, plans, memoranda, notes, and
other documentation provided by the Videographer containing Confidential
Information shall be the sole and exclusive property of the Videographer and
shall be returned to the Videographer upon termination of this Agreement or
upon written request of the Videographer.
b.) Injunction. Videographer agrees that it would be difficult to measure damage to
the Videographer’s business from any breach by the Client under this Section;
therefore, any monetary damages would be an inadequate remedy for such
breach. Accordingly, the Client agrees that if he/she/they should breach this
Section, the Videographer shall be entitled to, in addition to all other remedies it
may have at law or equity, to an injunction or other appropriate orders to restrain
any such breach, without showing or proving actual damages sustained by the
Videographer.
c.) No Release. Client agrees that the termination of this Agreement shall not
release him/her/they from the obligations in this Section.
X. Taxes. Videographer shall pay and be solely responsible for all withholdings,
including, but not limited to, Social Security, State unemployment, State and Federal
income taxes, and any other obligations. In addition, Videographer shall pay all
applicable sales or use taxes on the labor provided and materials furnished or otherwise
required by law in connection with the Services performed.
XI. Independent Contractor Status. Videographer acknowledges that he is an
independent contractor and not an agent, partner, joint venture, nor an employee of the
Client. Client shall have no authority to bind or otherwise obligate the Videographer in
any manner, nor shall the Client represent to anyone that it has a right to do so. Client
further agrees that in the event the Client suffers any loss or damage as a result of a
violation of this provision, the Client shall indemnify and hold harmless the Client from
any such loss or damage.
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XII. Safety. Videographer shall, at his/her/their own expense, be solely responsible for
protecting its employees, sub-contractors, material suppliers, and all other persons from
risk of death, injury or bodily harm arising from or in any way related to the Services or
the site where it is being performed (“Work Site”). In addition, Videographer agrees to
act in accordance with the rules and regulations administered by federal law and OSHA.
Videographer shall be solely responsible and liable for any penalties, fines, or fees
incurred.
XIII. Successors and Assigns. The parties to this agreement shall be at liberty to
assign the obligations of the contract to a third party with the consent of each party to
ensure the completion and continuance of the contract.
Any provision hereof which imposes upon the Videographer or Client an obligation after
termination or expiration of this Agreement shall survive termination or expiration hereof
and be binding upon the Videographer or Client.
XIV. Default. In the event of default under this Agreement, the party who is at fault shall
reimburse the other Party for all costs and expenses reasonably incurred by the Party, if
any.
XV. Governing Law. This Agreement shall be governed by and shall be construed in
accordance with the laws in the State of New Jersey.
XIX. Severability. If any term in this Agreement is held by any court to be invalid, the
invalidity shall only affect that particular provision, the remainder of the contract remains
unaffected.
XXI. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties to its subject matter and supersedes all prior contemporaneous agreements,
representations, and understandings of the Parties. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by all Parties.
XXII. Termination of the Contract. The parties to the contract may terminate the
contract upon as best serves them with prior written notice to the other party.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused
this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature _______________________ Date ____________
Print Name _______________________
Videographer’s Signature _______________________ Date ____________
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