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Sample Contract

Thank you for booking with ‘Wedding Videos Colorado’. Your wedding is important to you and it is important to us. It is essential you read through this so we are on the same page. There are not intended to be any surprises here. Just basic terms and legal agreements. Please let me know if you have any questions!

This contract and agreement (this “Agreement”) is made effective on the signing date digitally marked upon signing by Wedding Videos Colorado alias of Fabian Production, LLC (hereafter “Wedding Videos Colorado” and “WVC”), of 1222 Locust St, Denver, CO 80220, and the signing party (hereafter “Client”, “Client(s)”), governs the work of filming and editing their Wedding. Elopement, and/or event (hereafter “Wedding”, “Event”) and, with the accompanying Estimate, online approval, and description of services, constitutes the entire agreement between the parties concerning the assignment.  WVC and Client(s) are sometimes individually referred to as “Party” and collectively referred to as the “Parties”. The description of work is the approved quote and/or order accompanied with signing that describes the services rendered. Any amendments to this agreement shall be made and agreed in writing.

– WHEREAS, “WVC” will be performing the services indicated in the Sales Order accepted by the client(s).

– WHEREAS, The client is the person or persons who digitally sign this document with the contact information associated with this order.

BASIC TERMS

• It is understood that Wedding Videos Colorado is the exclusive official videographer retained to perform the video services requested on this Contract.

• Upon signature, Wedding Videos Colorado shall reserve the time and date agreed upon, and will not make other reservations for that time and date that conflict with the obligations of this contract. For this reason, a 25 % down-payment is due with signing. All retainers are non-refundable, even if the date of the wedding is changed or the wedding is canceled for any reason.

•  Payment: No part of any video, including previews, will be delivered until the balance is paid in full. Final balance is due before your wedding date. Failure to pay on time can result in delays.  {{contract.initials_box}}

• FOOD: The wedding party agrees to provide (2-3) PLATED meals for one videographer, one assistant, and a second shooter if added at the reception. A buffet is also accepted. No special vendor meals. Also, WE EAT AT THE SAME TIME AS THE BRIDAL PARTY. Often this is necessary due to the timing of events at the reception. PLEASE INFORM THE CATERER, VENUE, and/or WEDDING PLANNER THAT THIS IS REQUIRED. We are not responsible for any missed moments while we need to eat. Food is not necessary if one of the following conditions are met: clients purchasing the ‘Highlights Package’, less than 5 hours of videography, and/or when we are not hired during the reception meal times. {{contract.initials_box}}

• Final Products will be mailed 10-15 weeks after the date of the ceremony. This is an estimate.  A preview of the highlights video is usually ready in 4-6 weeks. Delays will result in delivery if the client fails to respond with edits after 3-4 days.  After 10 days of no communication, I reserve the right to finish your project and to deliver to the address provided. Further edits and/or changes will be charged depending on the time required at $50 per half hour.

• Creative aspects such as shooting and editing styles, music, and artwork are at the discretion of Wedding Videos Colorado. The client can at any point using whatever means communicate any desires for shooting and editing styles. Any direction by the Client(s) will be taken into consideration and affect the final product. It is understood that Wedding Videos Colorado and the Client consent to cooperating and communicating with each other in order to produce the best possible result within the understanding of this Contract.

• Friends and family are permitted to operate video cameras on the condition that they do not interfere with or get in the way of the professional coverage. Wedding Videos Colorado is not responsible for your guests, the photographer(s) and/or other vendors regarding any interference they cause with your videos.

• The client receives TWO opportunities in the editing process. These are to make revisions to the ‘Highlights Video’ and ‘Wedding Film’ drafts. The Client is expected to communicate their edits in ONE email message and/or use the ‘Vimeo Review’ functionality. Upon delivery of draft version, the client has 5 days to submit edits via email and/or ‘Vimeo Review.’  After the 5 days, the project will be deemed finished and the final drives will be mailed. Further edits and/or changes will be charged depending on the time required at $50 per half hour. Files can be digitally provided for download.

• Client agrees to pay any additional costs including travel and other add-ons to the package. There is no tax. The client also agrees to cover any costs associated with acquiring required permits for shooting on location and/or entrance fees for locations.. If you plan to have us film in a national park, which I recommend strongly, I ask that you cover the entrance fee (generally $20) and the photography/videography permit ($50). Exact costs will be automatically added to your final invoice.

SPECIAL ACKNOWLEDGEMENTS (Please Read)

•  We strongly recommend encouraging your bridal party and family to not use their phones. It really interferes and affects my coverage in a negative way. It also encourages your friends and family to be more engaged with each other and present. WE RECOMMEND DOING UNPLUGGED WEDDING!  Absolutely, NO IPADS, please. {{contract.initials_box}}

• Sound issues during the ceremony are extremely common. If your ceremony is important, please use a professional company and ensure they PROMISE perfect sound. ALLOW ENOUGH TIME FOR A SOUND TEST!! (6/10 weddings have issues with the sound) I use professional audio gear and place a redundant mic on the groom and officiant, but if the DJ is broadcasting wind noise, there is little I can do to remove it {{contract.initials_box}}

• We absolutely need an output signal from the microphones used during the Ceremony & Reception. You need to tell the venue, DJ, and Band. I carry all the cables & adapters needed to do this. {{contract.initials_box}}

•  We need the schedule of events a few weeks before your wedding date to ensure proper planning. The schedule needs to include the photography timeline and reception events. We rely on you to provide the initial timeline that we will then recommend tweaks for video if needed. We can make recommendations and/or create a timeline, upon request. {{contract.initials_box}}

•  Please schedule in 15-20 minutes for us to EAT dinner. We are not robots and we need time to consume the food with no events to film. At the same time as the bridal party is best. We are not responsible for events we miss because we needed to eat. {{contract.initials_box}}

• We cannot use illegal music in your videos. We can only use legally licensed music. No exceptions. Legal music is available from SongFreedom.com,  MusicBed.com, and/or other legal sources. {{contract.initials_box}}

• Aerial Videography: a sUAS with an attached camera may be used for filming. Client acknowledges flight of the sUAS depends on weather and legal restrictions and is not responsible if flights are not permitted or not okay to fly for any reason whatsoever. We will do everything we can do capture aerial video and can make special arrangements. However, even if client purchases ‘Aerial Videography’, as part of their package, there is no guarantee that the flight will be on the date of the work and/or any particular video/image is used. Venues and some cities have specific regulations preventing aerial videography and we are not responsible if we cannot film for these reasons. We will make every effort to capture aerial footage as near as rules and the law permit. The client also acknowledges that WVC hires FAA licensed operators and due to Federal law, may not be able to fly. WVC is fully authorized by the FAA to conduct commercial operations as Part 107 of aviation regulations. We are also insured up to $1,000,000 in commercial liability which does include aerial videography.

LICENSING, COPYRIGHT, & LIABILITIES

• Digital camera files and previews remain the exclusive property of Wedding Videos Colorado. This is not a work-for-hire. Wedding Videos Colorado grants to the Client(s) an indefinite personal license to the work which allows for copies of the digital camera files and edited previews under the following condition: The videos taken by Wedding Videos Colorado are for personal use by the Clients and their friends and relatives. Sale, Publication and/or Commercial use of the videos or any part therein are not allowed without prior written permission from Wedding Videos Colorado. Video files cannot be transferred to commercial entities without permission. For example, video files cannot be sent to another vendor and/or venue without explicit permission. NOTICE OF COPYRIGHT: It is illegal for the client(s) to copy, reproduce, reuse, re-edit, and/or share the video and/or videos and/or any parts of except under the conditions outlined in this Contract. Violators of this Federal Law will be subject to its civil and criminal penalties. 

• Wedding Videos Colorado reserves the right to use edited materials and/or reproductions for client previewing, advertising, physical display and online, social media and personal archives.

• If Wedding Videos Colorado cannot perform this Contract due to fire or other casualties, strike, act of God, or other cause beyond the control of the parties, or due to videographer’s illness or personal emergency, then Wedding Videos Colorado shall return the deposit to the Client but shall have no further liability with respect to the Contract. WVC will provide a videographer except in the event that the emergency limits access or it becomes a danger to continue with the work. This limitation on liability shall also apply in the event that the video materials are damaged in processing, lost through the camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the videographer.

• Client assumes all responsibilities for obtaining any necessary permission which may be required for Wedding Videos Colorado to videotape each event, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final product resulting from the use of, or inability to use, such camera positions. The client warrants that he/she has the legal rights to anything Wedding Videos Colorado will videotape, including photos, musical recordings, videotapes, or any other materials delivered to Wedding Videos Colorado for inclusion in the clients’ videotape or DVD. The Client agrees to indemnify and hold Wedding Videos Colorado harmless for any loss, damage, or liability for infringement of any rights arising from the use or display of videos the client hires Wedding Videos Colorado to produce, edit, or duplicate.

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DISCLAIMER

• Client acknowledges video image depends on factors such as lighting, positioning, arrangement, scheduling, weather, guests, vendors, venue regulations, laws, and understands variability in the quality of image and sound due to these and any number of circumstances, unforeseen and/or not, resulting from work at a live event. Client acknowledges that there are conditions outside our control and will not hold Wedding Videos Colorado responsible for concerns relating to these variables. We make every effort within our capacity and within reason to create the best possible product.

 • Cancellation: The deposit fee is non­-refundable, regardless of circumstance. Cinematographer must be notified of cancellation no less than 30 days before the originally scheduled day of the wedding. Cancellations made over 30 days from the event may have their invoice canceled, however, the deposit is non-refundable. If cancellation occurs within 30 days of the originally scheduled wedding day, WVC may keep any amount paid at their discretion. If this contract is canceled at any time before the wedding by WVC, any amount other than the deposit shall be refunded to the Client, with the exception of any expenses incurred in the work, which shall not be refunded to the Client.

• Postponement: Should the work be postponed for any reason, Client(s) understand that WVC may not be available. In the event that WVC is not available and the Client postponed the work for any reason, the work shall be deemed canceled by the client. A new order can be added to this agreement to modify the date, if possible. Otherwise, the cancellation policy applies.

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RELEASE – ‘Photo/Video Model Release’

For valuable consideration received, with respect to video or still imagery of Client(s), individually, or in which I may be included with others, I hereby grant to WVC & Fabian Productions, LLC the absolute and irrevocable right and unrestricted permission, to use, reuse, publish and republish the same in whole or in part, in any and all media, now or hereafter known, for any purpose, including by not limited to, illustration, promotion, art, editorial, adverting and trade, or any other purpose whatsoever without restriction. Client(s) hereby release and discharge WVC & Fabian Productions, LLC from any and all claims and demands arising out of, or in connection with, the use of images, including without limitation, any and all claims for copyright or trademark infringement, libel or violation of any right of publicity or privacy. The Client(s) are of full age and have the right to contract in their own name. Upon signing, client attests on behalf of their venue, vendors, guests, family, and any other organization or persons, that the Client(s) have authority to sign in behalf of that entity. The digital signature to this document accepts full understanding of the contents thereof and acknowledge that this release shall be binding to Client(s), their heirs, legal representatives, and assigns.

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INDEMNIFICATION – ‘Hold Harmless Clause’

WHEREAS, in exchange for valuable consideration, Client desires to hold harmless” WVC” from any claims and/or litigation arising out of the “Wedding Videos Colorado’s” performance of the word of providing these services.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, “WVC” and “Client” hereby agree as follows:

  1. Hold Harmless. Client shall fully defend, indemnify, and hold harmless WVC from any and all claims, lawsuits, remains, causes of action, liability, loss, damage, and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/pr wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of WVC, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fee, and related costs or expenses, and any reimbursements to “WVC” for all legal fees, expenses, and costs incurred by it.
  2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the action legal power, right, and authority to make this Agreement and bind each respective Party. 
  3. Amendment; Modifications. Other than the approved order/invoice, no supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
  4. Waver. No waiver of any default shall constitute a waiver of any other default of breach, whether of the same or covenant or condition. No waiver, benefit, privilege, or service is voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 
  5. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceedings is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
  6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements between the Parties related to such matters. 
  7. Applicable Law. This Agreement shall be governed exclusively by the laws of Colorado, without regard to conflict of law provisions. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Colorado. 

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This Agreement shall be digitally signed by both parties indicating agreement of all the terms, legal agreements, and special acknowledgments and effective on the signed date.