Video Shoot Agreement
By booking a VIDEO SHOOT with Lance Mosher Creations (VIDEOGRAPHER) through this website, you (CLIENT) agree to the following terms. This agreement applies to all persons shot in VIDEO SHOOT.
1. SCOPE OF WORK
If VIDEO SHOOT cannot be completed on the agreed date due to weather or other reasons, VIDEOGRAPHER and CLIENT will negotiate another video shoot time.
VIDEOGRAPHER will provide the agreed output video for CLIENT to view after basic post-processing and digital editing services have been performed, and is not required to provide more than the agreed output video.
2. FEES
CLIENT agrees to pay the VIDEOGRAPHER a non-refundable initial payment totalling 50% (fifty-percent) of the total price of the agreed videography services upon accepting this agreement. The initial payment reserves the VIDEOGRAPHER's time and is not a deposit. VIDEOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this VIDEO SHOOT for any reason, the initial payment will not be returned to CLIENT. If the initial payment is not received 24 hours prior to the initial time of VIDEO SHOOT, VIDEOGRAPHER will assume that the VIDEO SHOOT has been cancelled by CLIENT, unless prior arrangements have been made between VIDEOGRAPHER and CLIENT.
The balance of the payment for videography services must be paid in full no later than 7 days after the VIDEO SHOOT.
3. WORK PRODUCT
VIDEOGRAPHER will deliver a proof of the output video to CLIENT no more than 30 days after the date of the VIDEO SHOOT. CLIENT understands and agrees that proofs are the exclusive property of VIDEOGRAPHER and CLIENT has no right to these proofs except for a license to review them, but not store the proofs.
All output videos delivered to CLIENT are licensed to CLIENT for full usage.
4. DUTY OF CLIENT, LIABILITY AND INDEMNIFICATION
VIDEOGRAPHER and CLIENT agree that VIDEOGRAPHER is under no obligation to capture any specific moment, pose, or person(s) during the VIDEO SHOOT beyond what CLIENT and VIDEOGRAPHER have agreed.
If VIDEOGRAPHER is unable to perform the services in this agreement due to any cause outside his/her control, CLIENT agrees to hold VIDEOGRAPHER harmless for any loss, damage, inconvenience, or liability; however, VIDEOGRAPHER will return in full all payments made by CLIENT to VIDEOGRAPHER in relation to VIDEO SHOOT.
CLIENT understands VIDEO SHOOT may be accomplished by various methods with various equipment, including, but not limited to, aerial equipment (drones, etc.).
If aerial equipment is to be used, CLIENT agree that he or she is aware of national, regional, and local laws governing the use of aerial equipment, and declares location of VIDEO SHOOT is inside an approved “fly zone.” CLIENT also agrees that he or she has obtained permission by owners of properties at and adjacent to location of VIDEO SHOOT to fly aerial equipment above their properties. VIDEOGRAPHER has no duty to obtain permission of buildings, properties, or other locations to operate thereon or above. CLIENT understands and agrees that any failure to obtain any permissions resulting in fines or legal ramifications to VIDEOGRAPHER, or which prevent VIDEOGRAPHER to complete VIDEO SHOOT is the liability of CLIENT, and not the VIDEOGRAPHER.
CLIENT agrees to hold VIDEOGRAPHER harmless for any liability, damage, or loss related to technological failure, including data loss.
CLIENT understands and agrees that VIDEOGRAPHER is not required to maintain copies of the videos from this VIDEO SHOOT 90 days after the VIDEO SHOOT.
CLIENT agrees to hold VIDEOGRAPHER harmless for any personal injury or damage to personal property which may occur as the CLIENT poses or works with VIDEOGRAPHER.
VIDEOGRAPHER will strive to present the output video in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
6. MODEL RELEASE
CLIENT grants permission to VIDEOGRAPHER and his/her assigns, licensees, and sublicensees to use CLIENT’s image/likeness, products and business in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, VIDEOGRAPHER may use or sell CLIENT's image/likeness, products and business on VIDEOGRAPHER's website or other advertising.
1. SCOPE OF WORK
If VIDEO SHOOT cannot be completed on the agreed date due to weather or other reasons, VIDEOGRAPHER and CLIENT will negotiate another video shoot time.
VIDEOGRAPHER will provide the agreed output video for CLIENT to view after basic post-processing and digital editing services have been performed, and is not required to provide more than the agreed output video.
2. FEES
CLIENT agrees to pay the VIDEOGRAPHER a non-refundable initial payment totalling 50% (fifty-percent) of the total price of the agreed videography services upon accepting this agreement. The initial payment reserves the VIDEOGRAPHER's time and is not a deposit. VIDEOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this VIDEO SHOOT for any reason, the initial payment will not be returned to CLIENT. If the initial payment is not received 24 hours prior to the initial time of VIDEO SHOOT, VIDEOGRAPHER will assume that the VIDEO SHOOT has been cancelled by CLIENT, unless prior arrangements have been made between VIDEOGRAPHER and CLIENT.
The balance of the payment for videography services must be paid in full no later than 7 days after the VIDEO SHOOT.
3. WORK PRODUCT
VIDEOGRAPHER will deliver a proof of the output video to CLIENT no more than 30 days after the date of the VIDEO SHOOT. CLIENT understands and agrees that proofs are the exclusive property of VIDEOGRAPHER and CLIENT has no right to these proofs except for a license to review them, but not store the proofs.
All output videos delivered to CLIENT are licensed to CLIENT for full usage.
4. DUTY OF CLIENT, LIABILITY AND INDEMNIFICATION
VIDEOGRAPHER and CLIENT agree that VIDEOGRAPHER is under no obligation to capture any specific moment, pose, or person(s) during the VIDEO SHOOT beyond what CLIENT and VIDEOGRAPHER have agreed.
If VIDEOGRAPHER is unable to perform the services in this agreement due to any cause outside his/her control, CLIENT agrees to hold VIDEOGRAPHER harmless for any loss, damage, inconvenience, or liability; however, VIDEOGRAPHER will return in full all payments made by CLIENT to VIDEOGRAPHER in relation to VIDEO SHOOT.
CLIENT understands VIDEO SHOOT may be accomplished by various methods with various equipment, including, but not limited to, aerial equipment (drones, etc.).
If aerial equipment is to be used, CLIENT agree that he or she is aware of national, regional, and local laws governing the use of aerial equipment, and declares location of VIDEO SHOOT is inside an approved “fly zone.” CLIENT also agrees that he or she has obtained permission by owners of properties at and adjacent to location of VIDEO SHOOT to fly aerial equipment above their properties. VIDEOGRAPHER has no duty to obtain permission of buildings, properties, or other locations to operate thereon or above. CLIENT understands and agrees that any failure to obtain any permissions resulting in fines or legal ramifications to VIDEOGRAPHER, or which prevent VIDEOGRAPHER to complete VIDEO SHOOT is the liability of CLIENT, and not the VIDEOGRAPHER.
CLIENT agrees to hold VIDEOGRAPHER harmless for any liability, damage, or loss related to technological failure, including data loss.
CLIENT understands and agrees that VIDEOGRAPHER is not required to maintain copies of the videos from this VIDEO SHOOT 90 days after the VIDEO SHOOT.
CLIENT agrees to hold VIDEOGRAPHER harmless for any personal injury or damage to personal property which may occur as the CLIENT poses or works with VIDEOGRAPHER.
VIDEOGRAPHER will strive to present the output video in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
6. MODEL RELEASE
CLIENT grants permission to VIDEOGRAPHER and his/her assigns, licensees, and sublicensees to use CLIENT’s image/likeness, products and business in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, VIDEOGRAPHER may use or sell CLIENT's image/likeness, products and business on VIDEOGRAPHER's website or other advertising.
Last updated: 9 November 2017