Video Production Terms & Conditions

The following are the terms and conditions for our Video Production services.

If you have any questions about the following terms, please contact us. We’re happy to help and always want to make sure we’re on the same page for expectations with your project 🙂

 

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us assets and information we request we need to complete the project. You’ll do this in a reasonable time we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

GETTING DOWN TO THE NITTY GRITTY

Ownership

Except if otherwise included as part of the project, we own all rights to the media(s) we produce as part of this agreement including the final delivered video, alternate cuts, out-takes, and clips. We give you a non-exclusive, non-transferable license to use media(s) as specified in the project for your marketing purposes (e.g. using the video in your website, posting the video across your social media accounts, and other marketing purposes).

Providing us Video, Music, Graphics and Photographs

We’ll want to use your company logo in the video. You should supply graphic files in an editable, vector digital format. If you have existing video for us to use, you should supply it in an ‘mp4’ format. Other formats may be able to be used but could require additional time for file conversion which may require a separate estimate. An estimate may be needed if you have existing footage needing to be cleaned up such as reducing camera shake, color correction, or other reasons deemed required in order to produce higher quality footage. If any music is supplied to us, please do so in an ‘mp3’ format. You should supply photographs in a high-resolution digital format (2000px width or higher is recommended). If you choose to buy stock photographs, we can suggest stock libraries. Any video, images or graphics you provide us, you claim that you have proper licensing or usage rights for us to use in your project. If you’d like us to search and/or purchase photographs or video clips for you, we can provide a separate estimate for that unless already listed as part of the project.

Browser Testing

We ensure the video will be functional on major video hosting websites such as YouTube or Vimeo. Your video can be embedded into a website which we recommend YouTube or Vimeo embed code versus embedding the video as an mp4 file directly into your website. Some web browsers handle direct video file playing differently requiring unique formats and we do not support playback functionality outside of the format we provide to you. An estimate can be provided if we need to convert video files.

Security / Confidentiality

We understand that some information said during our filming may be of a confidential and/or sensitive nature. We agree at your written request to require, within reason, anyone on our team filming with you, not to discuss or disclose information about product or specified media(s) except as such disclosure may be necessary for us to produce the video to complete the project.

Independent Contractor

We are not your employees. We act as an independent contractor.

Contingency and Weather Days

A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond our control. These circumstances may include but should not be limited to: 

1. Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by you).
2. Injury, illness, or absence of client-supplied elements (e.g. key talent, color correct products).
3. “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrest, civil authority, terrorism, and acts of God).
4. “You want re-shoots” (any additional days you authorize as an additional expenditure. You will be provided with a contingency day cost which should be approved prior to proceeding with that shoot day.

Cancellation and Postponement

A cancellation or postponement is defined as a rescheduling of the production to a later specific date caused by or direction by you, or total cancellation of the project. We’ll do our best to try to reschedule to a preferred time that works best for you; however, we reserve the right to stay obligated to any existing projects or commitments and book around those times.

If you cancel or postpone the shoot prior to the commencement of the shoot, you will be liable to us for any out-of-pocket costs, full director’s fee, and any production costs to that point in time if any exist beyond items covered in the deposit payment.

Publicity Guidelines

Both of us have a license to use finished media(s) for promotional purposes.

Changes and Revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the currently known project scope – everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for new items which can add additional time to the project where an estimated completion date may need to be extended.

Project Timeline

Depending on the shooting schedule and duration of footage captured, video projects generally take between 30 – 60 days to deliver after all filming has been completed. A project rush fee can be estimated if requested and if we have the ability to do so with our schedule.

Communication

Email versus Asana & regular check-Ins
Keeping on the same page with expectations and feedback is essential for a successful project together. We like to have weekly touch-points if possible to keep you informed of the project timeline, scope, project needs, share feedback, roadblocks, and approval of project milestones, etc. We use Asana, a cloud-based project management software where we can invite you to log in to see all project communications, to-do lists, and files in a centralized dashboard. Alternatively, you may wish to not use Asana with us, that’s okay. We’ll continue to use it internally and project updates will be emailed to you.

Best way to contact us
We do our best to be responsive to your call and emails; however, scheduling time for calls will be preferred. If you create or reply to a discussion, or email through Asana, we often provide quicker responses (within same or next business day) versus if you email us directly, outside of Asana.

Meeting availability
Pending our availability, there are no limits to project phone calls or online meetings. Unless stated otherwise in the project fee section, in-person meetings to review the video for feedback or an editing session together are not included in the project but can be added in an estimate if needed.

Lack of client communication

In the event that we do not receive written or verbal correspondence from you after 4 weeks from our last email or phone call attempt in contacting you, your project will be changed to “on-hold” status. We understand life happens and hope everything is okay or perhaps a prolonged vacation, etc. Just let us know on timing when we can hear back from you or expect anything that we are waiting on from you such as content. Our goal is to plan out our workload with our team. On-hold projects are subject to a 2 week waiting period before starting back up to allow for adjustments in scheduling our team’s workflow.

Point of Contact Changes

We understand a point of contact with your account may change over time. In this case, we need to get the new contact up to speed with the project and spend additional time reviewing details together. We reserve the right to be compensated for this additional time at $250 per occurrence.

Legal Stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

[Phew.]

Intellectual Property Rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

[taking a breath…]

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

Once the video is delivered to you in MP4 and/or online video platform (e.g. YouTube, or Vimeo), you should keep a copy of the video somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete project.

Displaying Our Work

We love to show off our work, so we reserve the right to display all aspects of our creative work, to display your video in our portfolio on our website, across social media, and other similar uses. We reserve the right to add our website link in the YouTube description text “Video produced by 616 Marketing Group”, “Video Production: 616 Marketing Group”, or similar phrase, and/or a very small version of our company logo at the end of the video. We’ll be tasteful as this is your video.

Payment Schedule

We’re sure you understand how important it is as a business that you pay the invoices that we send you promptly. By signing this agreement, you agree to stick to the following payment schedule.

Payment details:
100% non-refundable payment is due up front prior to beginning work for projects $4,999.99 and below. 50% non-refundable deposit to begin work is due for projects $5,000 or greater.

Payment schedule:
If there is a balance payment remaining, it is due and payable upon client approval of completed work prior to the delivery of the video.

In cases of excessive waiting on client content and feedback in the past. It is our process to invoice the remaining project balance at 90 days, regardless of status of the project. This helps BOTH parties see to the completion of the project before that deadline. No one likes a project that drags on.

We issue invoices electronically. Our payment terms are NET15 (to be paid within 15 days) unless stated otherwise in the invoice. All proposals are quoted in United States Dollars (USD) and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate payment details will be printed on our electronic invoice(s) and emailed to the billing contact(s) on your account. We reserve the right to charge interest on all overdue debts at the rate of 1.5% per month (18% per annum) or the current maximum amount legally allowed.

Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty or representation in this Agreement. You shall indemnify us against all claims and expenses arising from uses for which you do not have rights to or authority to use. You will be responsible for payment of any special licensing or royalty fees resulting from the unauthorized use of graphics, music, video, film, photography, design, animation, and branded content.

Fine Print Stuff

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws of the State of Michigan and courts of such state shall have exclusive jurisdiction and venue.