
VIDEO AGREEMENT
THIS VIDEO AGREEMENT (“Video Agreement”) is made
on the date of the last signature set forth below, by and between Bridal Cinema,
(hereinafter collectively referred to as "Videographer"), a Michigan
sole proprietorship, and the person(s) identified below as Client(s) and
specified below (hereinafter collectively referred to as “Client”)
in this Agreement.
IN CONSIDERATION of the mutual benefits and covenants
set forth below, the sufficiency of which is acknowledged by the parties,
and with the intent to be legally bound by this Agreement, the parties
agree as follows:
1. Package. The Package includes 4 aspects.
a. Videography
b. Video editing
c. DVD Authoring
d. Office administrative services
Videographer will furnish to Client
the videography, video editing, administrative and DVD authoring services specified within the Bill of Sale and incorporated
herein this Agreement. Videographer shall not be required to furnish the videography services
on any other date other than the Wedding Date as set forth in the Deposit Agreement.
These services, including without limitation, the date
for the services, the location(s) at which the services are to be rendered,
any products and prices shall not be changed or canceled without the express
prior written consent of Videographer.
2. Package. Will be delivered as detailed in the Bill of Sale. No price is guaranteed without
this signed Agreement.
3. Deposit Payment. Client shall pay or has paid to Videographer, a deposit
in the amount of $500.00 (Five-Hundred and 00/100) to reserve the Wedding Date of the
event hereunder as further set forth below in this Agreement. The Deposit amount will be applied in full to the Bill of Sale, except if Cancellation occurs, or if Client Defaults. In these cases refer to those clauses as further described in Cancellation or Default.
4. Middle Details & Payment. On or before three months to the day before the Wedding
Date Client shall make a second payment called the Middle Payment. This payment will increase
the total credited amount on account with Videographer equal to 50% of the "Estimated Purchase
Price" of the Package. Videographer and Client will create this "Estimated Purchase
Price" based on the Package details that Client sets at that time.
Client will receive an "Estimated Bill of Sale" to itemize the Package details as they are at this time.
Customers which deposit within 90 days will forego the Middle Details & Payment activities, and simply go directly to the Final Details & Payment as described below.
5. Video Profile: At approximately 14 days before the Wedding Date, Videographer will conduct an interview by phone or email, with Client, which will provide Videographer with a list of videotaping preferences of Client. This Video Profile helps to assure Client certain activities during the wedding event shall be captured in specific ways.
Final Adjustments to the Package, if any, must be made at this time.
All changes subject to final approval of Videographer, but will not be unreasonably witheld.. Videographer will then prepare the Bill of Sale to Client by mail to address below, or Client address of record at that time..
6. Final Details & Payment: Client will pay any and all outstanding
balance of the final Total Package Purchase Price to Videographer no less than 7 days
prior to the wedding event herein.
If Client has not Paid-In-Full 7 days
prior to wedding day, Client shall be deemed in default of this Agreement,
and subject to the terms further described in paragraph dealing with Default.
7. Payments to Bridal Cinema
Unless otherwise provided in writing by Videographer,
Middle Payment and Final Payment shall be made paybale to either:
Rob Krajenke
936 Northfield Ave.
Pontiac, MI
48340
- OR -
***You may request an electronic invoice, and we will send you one through PayPal which you can pay by debit or credit card.
Please let us know in advance which payment type you prefer.
8. Cancellation: Please refer to the Deposit Agreement.
9. Decisions of Videographer. Services will be executed
under the direction of a professional videographer(s) employed or retained
by Videographer, selected exclusively by Videographer, who shall be present at the
wedding event and in charge of making all videography decisions in accordance with the terms of this agreement. Client acknowledges
having seen the style and previous work samples of Videographer before signing
this Agreement. Upon signing this Agreement, the Client accepts the creativity
and style of Videographer that was shown prior to signing this Agreement.
10. Unforeseen Circumstances. If Videographer is unable to perform
its services (or a material portion thereof ) set forth in the Package, including the performance of videography services at the specified
location, date and/or time for the wedding, due to an act of God; act
of nature; act of war; act of terrorism; inclement weather; power outages;
destruction of the church or reception facilities; destruction or theft
of, or damage to, Videographer equipment; death or illness of, or serious injury
to a videographer; restrictions imposed by court order; or any other
event outside the control of Videographer, Videographer would then terminate this
Agreement and retain funds paid by Client and shall be relieved of all
unperformed services and obligations set forth in this Agreement.
Due to the difficulties in determing how much of an impact the above unforseen circumstances pose Videographer in its due diligence to deliver the Package hereunder, Videographer may at its sole discretion refund a reasonable portion of the funds held on account that were unused; if any such credit exists..
Without limiting the forgoing, in the event that the wedding ceremony
and/or reception takes place outside (i.e. outdoors or outside of a permanent
building) or Client requests outdoor videography, and there is a thunderstorm,
windstorm, tornado or heavy rain, or in the event that lightning can be
seen or thunder heard by videographer(s), Videographer may cease videography
services until the weather conditions improve and no longer pose a safety
risk to the videographer(s), Client or Videographer equipment.
11 Adversities. Certain conditions may also be present
which pose adversities for Videographer, and that such adversities are
not the result of the Videographer, nor can they be eliminated reasonably
and / or solely by Videographer during the wedding event(s),
and that Videographer will not be held accountable in any way for any
unsatisfactory result(s) which may thereby occur.
Occasions of Adversities include
but are not limited to:
a) The rules, regulations, policies or demands from the
Church, Hall, or other Marriage or Reception Facility;
b) Un-cooperative or inappropriately mannered guests;
c) Attendants, guests, or other wedding services personnel which
may obstruct, prevent, prohibit, or otherwise interfere with Videographer's
duties hereunder.
d) Indoor and/or outdoor lighting conditions which require more
management than this agreement provides for, or that any wedding or reception
facility allows for;
e) Background noise, 3rd party equipment, or other audio interference
which adversely affects Videographer's ability to reproduce the intended
quality of audio for Client;
f) Unforeseen equipment failure(s) which impacts a seamless capture
/ reproduction of the event.
g) Due to formats of various DVD players, not all DVD players
can play all formats of writeable DVDs.
12. Extra Locations. Videographer will charge $200.00 (Two-Hundred
and 00/100) per hour for each videographer if Client requests additional
locations on the Wedding Date. This fee will cover video tape, and all other editing services that will be required later in the process of creating final delivery of the Package on DVD Video Disc..
Should the request for extra locations be made on the Wedding Date, after Final Payment hereunder, Client shall pay Videographer via check or cash
at the time of requesting extra locationswhich are not included in the Bill of Sale..
13. Scheduling. Videographer shall have no liability whatsoever
to the Client for changing the Wedding Date, or for any missed video opportunities resulting from late participants,
lack of cooperation by the Client, or guests of Client, or from restrictions
placed on Videographer by the marriage facility where the ceremony is taking place or reception facility, or time constraints placed on Videographer
either before or after the ceremony by the Client or church, or by any other
authority at any location on the Wedding Date herein.
14. Delivery. Due to the complicated processes of digital video editing and DVD authoring, and
the complicated preferences of each client with their finished product preferences,
Videographer cannot guarantee any specific date of delivery for your completed
proof in less than 1 year. Videographer will however provide its "best guess" estimate
for delivery time whenever requested by Client.
Depending on your Package details, Videographer will provide a "Proof" version to Client for pre-final delivery review, and for providing editorial suggestions to Videographer such as chapter order, audio repairs, replacement of some video clips, mispellings, etc.. This Proof version will be either by internet and/ or DVD, which is at the sole discretion of Videographer. Videographer reserves the right to refuse the editorial suggestions of Client if they are not simple fixes. Complicated fixes may require additional charges. Which fixes are determined to be at no cost or at additional cost are at the sole discretion of Videographer.
15. Change of Videographer. Due to illness, death, or
other unavoidable circumstances, Videographer reserves the right to change the
professional videographer and assign services provided to Client on date
set forth below. Since the art of videography is subjective in nature,
Videographer will make reasonable efforts to find an assignee that has similar
style, and skill.
16. Storage. Throughout the term of this agreement, and
up until 10 business days after Final Delivery as described hereunder,
Bridal Cinema will keep clients unedited footage, and all other project
related files on the Bridal Cinema video-editing network. Once
10 days has expired all footage, editing, graphics, animations, music,
and any other creative resources will be deleted permanently!!! There will be no Back-ups kept.
Prior to the editing processes, Client may elect to provide to Videographer
their own external computer hard disk drive for storage of all the creative resources used in the video editing and DVD authoring processes hereunder. This storage drive will be hereinafter referred to as the "Client Disk Drive". Client Disk Drive will be a size and configuration
approved by Videographer in advance of delivery. Videographer will upload all of your original
unedited video footage to your Client Disk Drive, and complete all of the remaining production processes from
there. Videographer will keep Client Disk Drive indefinitely as long
as Client prefers, or until Videographer decides to discontinue storage of same and
return Client Disk Drive to Client. Client Disk Drive(s) supplied after
the video uploading process begins, will incur a charge for the additional
data transfers.
Videographer is not responsible for any device failure of the Client Disk Drive. Should a drive failure occur at any time prior to final
delivery, Client and Videographer will split any additional data transfer and
re-editing costs incurred. Client will have the sole responsibility to
repair, replace, and bear the related costs thereto. Videographer shall at no time have responsibility
for replacing lost data on Client Disk Drives that fail after Final Delivery hereunder.
If Client would like the original video tapes used in the cameras, Client
will purchase these tapes prior to the Final Payment and the fees for these tapes will be included on the Bill of Sale. Camera videotapes
are not for sale after the wedding event.
Original Unedited footage is available on dvd or videotape for an additional
charge. The best time to order unedited footage is prior to editing.
17. Ordering DVDs. If Client has purchased DVDs with
videography package Client will receive the specified number of DVD videodiscs
stated in the Bill of Sale as described. If Client must order additional
DVD’s, they will be charged in accordance with the pricelist located
at www.BridalCinema.com/worksheet. Payment in full required before DVD
copies are burned, labeled, packaged, and shipped.
18. Shipping. Shipping for Final Delivery is included in your Package price and is included in the amount on your Bill of Sale. Client will bear all shipping charges for additional shipments of DVDs,
VHS tapes, hard disk drives, etc... that go beyond shipping of the final delivery. Fees for additional shipping will be payable prior to shipping.
19. Videographer Limitation of Liability. Without exception, any and all liability of Videographer to Client for breach
of this Agreement, negligence, personal injury, or any other claim arising from
or related to any act or omission of Videographer or otherwise arising from
or related to this Agreement, the Package or performance of services for
Client, shall be limited to an amount of total damages not to exceed the
Purchase Price (or portion of the purchase price) actually paid by Client
to Videographer.
20. Default. In the event that Client shall fail to perform
any obligation set forth in this Agreement, Client shall be deemed in
default of this Agreement. Upon a default by Client under this Agreement,
Videographer shall be immediately released from performance of any and all obligations
hereunder and shall be entitled to seek all remedies, including monetary
damages for breach on contract, afforded under the law and/or elsewhere
in this Agreement.
All remedies afforded to Videographer shall be deemed cumulative and not exclusive
of any other remedies. Further, Videographer shall be entitled to recover from
Client all costs and attorney fees incurred to enforce this Agreement,
regardless whether litigation or arbitration proceedings are actually
commenced. Further, in the event of any claim, lawsuit, action or proceedings
commenced by Client against Videographer for alleged breach of this Agreement,
negligence or any other act or omission arising from or related to this
Agreement, the package or performance of services for Client, Videographer shall
be entitled to an award of its costs and attorney fees incurred in successfully
defending against any such claim, lawsuit, action or proceedings.
Client shall be entitled to recover from
Videographer all costs and attorney fees incurred to enforce this Agreement,
regardless whether litigation or arbitration proceedings are actually
commenced. Further, in the event of any claim, lawsuit, action or proceedings
commenced by Client against Videographer for alleged breach of this Agreement,
negligence or any other act or omission arising from or related to this
Agreement, the package or performance of services for Client, Client shall
be entitled to an award of its costs and attorney fees incurred in successfully
defending against any such claim, lawsuit, action or proceedings.
21. Binding Effect. This Agreement shall be binding upon
and inure to the benefit of the parties and their heirs, personal representatives,
successors and assigns. Client shall not assign this Agreement to any
third party without the express prior written consent of Videographer, which
will not be unreasonably withheld..
22. Address of Record.
For any and all mailings the address below will be considered the appropriate address for mailing, unless otherwise specified in writing by either party.
22. Promotion - Client hereby permits Videographer the
use of reproductions or selective footage of the video production hereunder
in the advertising and promotion of Videographer's business(es) for profit.
23. Additional Release. Client also provides Videographer
permission and all rights hereunder to capture on videotape any other
photographers’ / videographers’ poses occurring in the presence
of Videographer throughout the term of this agreement.
24. Copyright Infringement. At all times hereafter, it
is the sole responsibility of Client for any copyrights, and for any infringement
thereof. Videographer is a Work for Hire subject to the demands of Client
25. Entire Agreement. This Agreement in combination with
the "Deposit Agreement", and your final
"Bill of Sale" represents the entire agreement and understanding
of the parties with regard to the purchase hereunder, and supersedes and
replaces any and all prior and verbal agreements, understandings,
negotiations and representations of the parties. The paragraph captions
and headings in this Agreement have been inserted for convenience purposes
only, and shall not be used to construe or interpret this Agreement.
Total Package Purchase Price $ __________________________( and
00/100)
Client Deposit Paid $ ________________________( and 00/100)
with check #
Middle Payment Paid $ ______________________ ( and 00/100)
with check #
Wedding Date ______________________, _____
WHEREFORE, the undersigned parties have executed this Agreement on the
date of last signature set forth below. Client(s) have read and understand
all clauses and agrees to abide by all clauses and accept all penalties
as specified by the Agreement clauses should the Client(s) fail to adhere
to anyone or all of the contractual clauses.
Client Signature ___________________________________________ Date _______________
Client Signature ___________________________________________ Date _______________
Client Address: _______________________________________________________________
City: _______________________________________________________________________
ZIP: _______________________________________________________________________
Client Phone ________________________________
Client Alt Phone _____________________________
Client email address___________________________
Videographer Signature _____________________________________ Date _______________
Videographer Address:
936 Northfield Ave.
Pontiac, MI 48340
Studio Phone: (248) 686 – 1925
Email: info@BridalCinema.com
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