Let’s Talk About What a Videography Contract is.
Secure your videography services with a legal Videography Contract! This agreement outlines all the essential information such as timing, location, pricing and cancellation policies to ensure that both parties are clear on their expectations. With this contract in place, you can rest assured that your video project is off to a great start.
Not only are these crucial documents important for establishing mutual expectations and avoiding any unwelcome surprises, but they can also be used to make sure that wedding, events or business videos go off without a hitch. These documents often outline the details of videography services such as filming and video editing.
When can you use a Videography Contract?
- When you are hiring a videographer to film an event.
- When you are a videographer who needs a professional contract for clients.
- When you are hiring a wedding videographer and need to supply the contract.
- When you need to hire a videographer for a creative project.
Today, This is What We’ll Cover Here:
- Sample Videography Contract
- “Get it Legal” checklist
- Related documents
- Videography Contract FAQs
- More about Videography Contracts
Other Names Your Might See For a Videography Contract:
VIDEOGRAPHER CONTRACT
VIDEO PRODUCTION CONTRACT
VIDEOGRAPHY AGREEMENT
VIDEOGRAPHER AGREEMENT
WEDDING VIDEOGRAPHY CONTRACT
Let’s Look at…
SAMPLE ELEMENTS IN A CONTRACT FOR VIDEOGRAPHY SERVICES.
This Videography Contract (the “Contract”) is made effective as of (the “Effective Date”), by and between…
DESCRIPTION OF SERVICES. Beginning on , will provide to the following videography services (collectively, the “Services”):
PERFORMANCE OF SERVICES. (1). will provide adequate coverage for ‘s event and will produce the highest quality digital video. (2). will deliver the professionally produced videos in a timely manner. (3). will capture and master the images in digital format, complete with state of the art video editing capability. (4). will have the videos outputted in the format of ‘s choice.
PAYMENT. (1). agrees to pay , a sum of in consideration of the videography services to be rendered by . In consideration for this fee, will devote to cover the event or occasion of . (2). will provide proofs for final purchase of videos. (3). On being satisfied with the videos taken, also agrees to pay a sum of for each copy of the full video. Should request to create a compilation or other material from the footage, the fees for this service will be provided to at that time by .
DEPOSIT. At the time of signing the Contract, shall pay a non-refundable deposit of to for the Services. The deposit will be subtracted from the total payment owed by upon completion of the Services.
CANCELLATION POLICY. All deposit fees are non-refundable. A minimum of notice will be required for cancellation of this Contract. Any cancellation made with less than notice prior to the agreed upon service date will result in full payment by . If the cancellation is initiated by , all monies paid to from shall be fully refunded, INCLUDING the deposit fee. Refund shall be paid out at month’s end.
TERM. and agree that this Contract shall commence on the above date and terminate on . shall provide with video samples of the final video within days. Said Contract may be extended and/or renewed by agreement of all parties in writing thereafter.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the “Work Product”) developed in whole or in part by in connection with the Services will be the exclusive property of . . Upon request, will execute all documents necessary to confirm or perfect the exclusive ownership of to the Work Product.
RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of .
COURTESY. The videography schedule and selected methodology are designed to accomplish the goals and wishes of . and agree that positive cooperation and punctuality are therefore essential.
INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against that result from the acts or omissions of , ‘s members, if any, and ‘s agents.
WARRANTY. shall provide services and meet obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in ‘s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a.The failure to make a required payment when due.
b.The insolvency or bankruptcy of either party.
c.The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d.The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be governed by the laws of the State of Commonwealth of .
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES. This Agreement shall be signed by on behalf of by , and by on behalf of by , and shall be effective as of the date first written above.
Final Checklist for Contract for Videography Services:
- Before signing, be sure to carefully peruse the contract so that it aligns with your expectations. If you need to modify any of its contents after the interview, you can easily edit it online through Document Manager or download and open in any word processor for further edits.
- Make signing your contract effortless with an easy e-signature service. No need to print, sign and deliver hard copies anymore! That said, if you prefer the traditional route of printing and signing in duplicate – that option is still available too.
- Provide or transmit a duplicate of the contract to the opposite side.
Know The Importance of Copies!
To ensure that you have full protection in the event of an issue, always make sure to keep copies of all your documents.
For the contract to be legitimate, both parties must have an original signed copy. Make sure your own is kept in a secure location for future reference.
Videography Contract FAQs
After you have created your Videography Contract, what are the next steps?
- When crafting a wedding videographer contract or an agreement for any other type of video production, the necessary steps remain identical.
- Carefully examine your document to guarantee its accuracy and that it fulfills all of your expectations.
- If you agree to the terms, go ahead and sign the contract now. Whether online or by downloading it as a PDF document or Word file, printing it out and signing in person – your signature is what we need!
- Upon completion, it’s essential that all parties involved receive a copy of the finalized contract.
About Videography Contracts
Discover how to establish the conditions for your videography services.
What Do You Need In Order To Make a Contract for Videography Services?
Whether you’re planning a special event or enlisting the expertise of professionals, a Videography Contract is essential in solidifying your arrangement. By signing this agreement on both ends, it ensures that the videographer and their services are contracted to provide quality video coverage for whatever needs may arise – from weddings to corporate functions! With this contract in place, everyone involved can work with peace of mind knowing exactly what’s expected at every stage.
- Whether it’s a birthday, prom night or wedding day, videography services are always in demand. This contract outlines what the service entails – from how it’ll be carried out to payment terms and more; plus, there’s an additional set of clauses that pertain specifically to this industry such as sample videos, performance guidelines, deposits and cancellation policies. All in all, signing off on these provisions is essential for clients who desire top-notch videography services!
To get started, you may want to organize the following information for the Videography Contract:
- Contact information.
- Time and date of filming, including the number of hours.
- Description of services.
- Number of days to provide sample video and final product.
- Price and deposit information (including overtime fees).
- A cancellation policy.
- Who will retain ownership of the video footage.
Following is some basic information typically included in Videography Contracts:
- Cancellation Policy.
- Videographers must protect themselves financially when clients abruptly end the contract. A cancellation policy is common in this industry because of how quickly things can change – if a client cancels last minute, it’s often impossible for videographers to recoup their losses through another booking or appointment. That’s why having a cancellation policy that allows them to receive full or partial payment from canceled contracts without sufficient notice is essential. By doing so, they ensure that unexpected cancellations don’t result in complete financial ruin and jeopardize the future of their business operations.
- Defaults.
- In addition to any other legal rights, this Videography Contract grants the right for either party to terminate it if one of them has not fulfilled their contractual obligations. If the non-breaching party discovers that they have been wronged, written notice of such breach must be provided to the defaulting member. This typically grants them a period of thirty (30) days to fix the issue in question. If no action is taken within this time frame, then it may give rise to further legal repercussions or even termination of any existing contract between both parties.
- Deposits.
- To ensure that videographers are financially protected in the event of a cancelled contract, deposits are considered standard practice and must be paid by clients upon engaging their services. These can range from being non-refundable to partially refundable or fully refundable—the amount dependent on how far along the contracted period has advanced. By requiring this deposit fee, videographers safeguard themselves against potential losses due to sudden cancellations which is an ever-present risk in the service industry.
- Indemnity.
- As part of their agreement, a client may request that the videographer or company taking videos provides indemnity for any injuries resulting from the acts of either party. This means if someone is harmed due to any action taken by either entity, then it is up to them as opposed to the client for providing compensation in some form.
- Confidentiality.
- Our Videography Contract provides a provision to ensure the videographer safeguards and keeps private any exclusive or confidential information of the client. “Confidential Information” encompasses data special to an individual business or person, not obtainable from other sources. In addition, disclosure of this info without authorization can result in damage for its owner. Examples include customer lists, trade secrets, products, business plans, financial statements and manufacturing processes.
- Signing Instructions.
- With the signature of authorized representatives from both parties, this Videography Contract will be valid and effective as of the indicated date. There is no need for witness or notarization when signing.
- To ensure that each party retains an original copy with signatures, consider signing two copies of the contract. Then store them securely in a safe place for future reference.
- Term.
Be sure to clearly define the duration of your contract. Possible term lengths include:Upon the completion of the services.
- Upon a specific event or occurrence.
- On a specific date.
- Upon written notice by either party.
- Some other basis.
- Although the termination of a contract usually implies that all its provisions have been voided, some stipulations still remain enforceable. Confidentiality requirements are one such instance; if included in the agreement, they will typically continue even after the stated term has expired. Therefore, videographers should take special care to ensure any protected information remains confidential beyond what is specified in their contracts.
- Warranties.
- This document offers the videographer an opportunity to guarantee that their services meet or exceed industry-standard performance. This warranty is mandatory, so it’s important only to include this clause if they willing and able to stand by such a promise. If not, then it should be omitted from the contract entirely.
- Work Product Ownership.
- It is paramount to clearly indicate who will own the rights of any product born from services rendered. Usually, clients expect that they are granted full ownership of anything derived from their service contract. This clause establishes this expectation and requires the videographer to aid in establishing legal documentation attesting to the client’s rightfulness as owner.
- Collapse.
- Definitions of Videography Contract Terms.
- Term.
- Definition.
- Arbitration.
- Rather than bringing a dispute to court, Alternative Dispute Resolution (ADR) offers an alternative solution: arbitration. Arbitration involves two or more parties submitting the argument to one third-party individual known as the arbitrator. The procedure resembles a trial in many ways–each side presents arguments, witnesses and evidence before making their case. If both sides have agreed that arbitration is binding, then the decision of the arbitrated holds as much weight as a court ruling does!
- Confidentiality.
A contract between two parties binds them to a mutual understanding of confidentiality. Any confidential information heard or obtained while providing services under the agreement must remain undisclosed and not used for personal gain in any way – no exceptions! For instance, if a videographer overhears private conversations centered around clients, they would be expected to not share nor benefit from such details.
- Default.
- Should one party in a contract neglect to carry out the duties agreed upon, this is considered a default. In such cases, it may give their partner the ability to end said arrangement free of charge or consequence. If any damages were incurred due to this violation, legal remedies for breach of contract can be sought after by those affected.
- Indemnification.
- An agreement that a party to a contract will cover the other party against any legal liability for their actions. In the context of a Videography Contract, indemnification by a videographer might involve covering the client if someone files a lawsuit against the client for something that was the videographer’s responsibility, such as making sure they had copyright clearances for everything contained in the video they produced for the client.
- Remedies
- After a breach of contract, or default, how the breach or default are corrected are often called remedies. Remedies are intended to make the non-breaching party whole by reimbursing them for their losses. This may include:
- Monetary damages that compensate the non-breaching party for their losses.
- In addition to other forms of relief, a party may be directed to take certain actions or prevented from taking particular steps.
- Warranty.
- A contractual guarantee from one party (the “warrantor”) to the other, assuring that goods or services will meet a specific standard of quality. If this promise is not kept and the product does not meet expectations, then the warrantor may be held liable for repairs, fixes, or a refund.
- Work product ownership.
- A contractual clause specifying the legal ownership of a video being produced. The holder of the copyright will have total control over how it is used and distributed, with sole proprietorship typically belonging to the client. Although, there may be limited exceptions that allow for videographers to use clips or pieces from said video in their own marketing campaigns and other promotional activities.