VIDEOGRAPHY SERVICES AGREEMENT
This Videography Services (hereinafter referred to as the “Agreement”) is made on
_____________________ BETWEEN ____________________________, a
company incorporated under the laws of ________________, having ABN number
as ____________________ (hereinafter referred to as the “Videographer”)
AND___________________, an individual residing at ___________________
(hereinafter referred to as the “Client”).
The Videographer and the Client shall hereinafter be individually referred to as the
“Party” and collectively as the “Parties”).
WHEREAS, the Client is desirous of engaging the Videographer for performing and
providing real estate videography services upon such terms and conditions as
specified herein below.
NOW, THEREFORE, the parties agree as follows:
1. Purpose.
The Client hereby engages the Videographer, and the Videographer agrees to
conduct a real estate videography shoot of _____________________ (the
“Premises”).
The videography shoot shall take place on ___________________________.
The Videographer shall perform post-processing and editing of the videos.
As a result of the videography shoot under this Agreement, the Videographer shall
prepare the following deliverables (the “Deliverables):
i.
______________________________________________________________
_________________________________
ii.
______________________________________________________________
__________________________________
iii.
______________________________________________________________
__________________________________
The Videographer may subcontract/delegate its duties and obligations under this
Agreement to another third party without seeking prior written consent from the
Client.
2. Revisions and Final Delivery.
The Videographer will first deliver the watermarked version of the Deliverables to the
Client. These shall be delivered not later than ________ days after the end of the
shoot.
The Client shall either request revisions or approve the watermarked version of the
Deliverables within 48 hours of their receipt, failing which, it shall be deemed to be
approved.
The Client may request only one revision to the Deliverables and cannot thereafter
request any further revisions. The Client must rebook the services of the
Videographer to get such revisions if required.
After the final delivery of the watermarked version of the Deliverables, the
Videographer shall deliver the final un-watermarked high-quality version of the
Deliverables to the Client and shall be relieved of its obligations upon delivery of the
final version.
3. Payments.
As consideration for the performance of services under this Agreement, the Client
shall pay to the Videographer a service fee of _____________ (the “Service Fee”).
$100 out of the Service Fee shall be paid in advance as a security deposit (the
“Deposit”).
The remaining Service Fee shall be paid upon delivery of the final watermarked
version of the Deliverables, upon payment of which, the final un-watermarked high-
quality version of the Deliverables shall be delivered to the Client.
All sums under this Agreement shall be paid by way of ________________.
4. Rescheduling and Cancellations.
The Client may request the Videographer to reschedule the shoot to a different date.
The Videographer may, or may not, entertain such a request depending on its
availability.
In the event the shoot cannot be conducted due to such rescheduling requests of the
Client, the Videographer will refund the Service Fee except the Deposit which it shall
be entitled to deduct.
The Client may cancel the booking with the Videographer at any time before the
delivery of the Deliverables. However, all sums paid until the date of cancellation
shall be non-refundable.
The Videographer may cancel the booking at any time and for any reason
whatsoever. However, the Videographer shall refund the Service Fee, including the
Deposit to the Client.
5. Force Majeure.
If the Videographer becomes unable to perform the videography shoot or deliver the
Deliverables due to any Act of God, riot, strike, lock-out, bad weather theft, trade
dispute, accident, blockade, explosion, medical illnesses, or any other cause,
whether of the kind described herein above or otherwise, whose occurrence or
continuance is beyond the reasonable control of the Videographer and cannot be
prevented, avoided or removed despite the exercise of reasonable diligence (the
“Force Majeure Events”), the Videographer will reschedule the shoot, or refund the
entire Service Fee, including the Deposit.
6. Damage, Loss.
If the Deliverables get lost, damaged, or erased due to Force Majeure Events, or due
to loss of property, equipment, memory cards, or due to the Premises being
unworkable to perform the services hereunder, the Videographer will reschedule the
shoot, or refund the entire Service Fee, including the Deposit.
7. Obligations of the Parties.
The Client undertakes to:
i. Provide the Videographer with all necessary materials, data, information, and
content required for the performance of videography services;
ii. Provide full access to the Premises at the time of the shoot; and
iii. Timely make all payments due under this Agreement.
The Videographer undertakes to:
i. Perform the videography services in a professional and timely manner, and
ii. Use its best efforts to provide quality services to the Client.
8. Intellectual Property Rights.
Except as stated otherwise, the Client agrees that all proprietary and intellectual
property rights in or related to the Deliverables, videos, and any ideas, concepts,
techniques, drafts, designs, and other related work which are created, developed,
and/or designed by the Videographer during its engagement hereunder, and the
titles, content, format, idea, theme, script, characteristics and the other attributes
thereof, shall vest solely in the Videographer.
9. Marketing.
The Videographer may use the Deliverables, videos, and other work products
created under this Agreement in any forms of media, and for any reason whatsoever,
including but not limited to for displaying in its portfolio, and on other social media
channels to promote and market the business and the brand.
10. Usage.
Subject to the other terms contained herein, the Videographer hereby grants to the
Client a limited, non-exclusive, non-transferable, non-assignable, and non-
sublicensable license to use the Deliverables and videos only for marketing and
listing of the Premises, and the Client’s businesses, brands, companies and agents,
and no other reason whatsoever.
The Deliverables and the videos should not be monetized. For the avoidance of
doubt, the Client shall not create derivative works of the Deliverables and videos in
any manner whatsoever.
11. License.
The Client hereby understands and acknowledges that the Videographer uses
licensed audio in the creation of the Deliverables and videos. Accordingly, the
Videographer will provide the Client with an audio license in respect of the
Deliverables.
The Client should only upload the Deliverables and the videos on the platform only
while the audio license is valid. Re-uploading the same beyond the audio licensing
term will expose the Client to copyright claims for which the Videographer shall not
be responsible in any manner whatsoever. For the avoidance of doubt, it is clarified
that once the Deliverables or the videos have been uploaded while the audio license
is valid, and the same remains uploaded on such platform, the Client will not face
infringing upon the said audio license.
12. Indemnification and Liability.
The Client shall indemnify, defend and hold harmless the Client and its officers,
directors, employees, and affiliates from all claims, damages, losses, costs, and
expenses which incur as a result of or arise out of the Client’s negligence or breach
of this Agreement.
The Videographer shall not be responsible for any damage that occurs as a result of
technological failures or malfunctions which result in loss to or of the Deliverables.
The Videographer disclaims liability for any personal injury or property damage
which may occur at the Premises for any reason whatsoever during the performance
of the services.
13. Amendments and Waivers.
Any provision of this Agreement may be amended only in writing by mutual consent
of the Parties.
14. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of
_______________.
15. Dispute Resolution.
All disputes arising out of this Agreement shall be resolved amicably by the Parties
by way of negotiations or other applicable alternative forms of dispute resolution,
failing which, such dispute shall be subject to the exclusive jurisdiction of the courts
of ____________________.
16. Entire Agreement.
This Agreement constitutes the entire agreement of the Parties concerning the
subject matter herein and supersedes in its entirety any other agreements or
negotiations, oral or written between the Parties.
NOW THEREFORE, both the Parties have signed this Agreement on the date,
month, and year as mentioned above.
THE VIDEOGRAPHER; –
Name:
____________________________
Signature:
_________________________
Date:
_____________________________
THE CLIENT; –
Name:
____________________________
Signature:
_________________________
Date:
_____________________________
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