And Cut! Video Services 22244 Gifford St. Canoga Park, CA 91303 1(877) AND-CUT-1 VIDEO PRODUCTION CONTRACT
1. The Purpose of this document is to establish a contract between And Cut! Video Services, hereinafter referred to as And Cut, and : hereinafter referred to as The Client for the production of an edited video & audio recording, hereinafter referred to as the Project. 2. And Cut offers to produce the Project for the Client in exchange for valuable consideration as specified in paragraphs 6 and 7 below. 3. The Project is to be performed on the calendar DATE:
4. The Project will consist of
and all necessary supplies and personnel to deliver the specified services in the scope of the contract.
The Video will consist of
City State: Zip:
Secondary Project Location :
City: State: Zip:
The Client may be contacted by the following means prior to the date of services: Email: Phone: Alternate Phone:
6. The Production Budget for this Project approved by the Client is $.
7. The Payment Schedule is as follows: [a] A % reservation fee in the amount of $is required with this contract in order to confirm project booking. [b] A % confirmation payment in the amount of $ is required no less than two (2) weeks before the event date. [c] The remaining % payment in the amount of $ is required upon the delivery of the final edited Project to the Client. [d] California requires us to charge 9.75% sales tax on the entire project. So tax in the amount of $ is also required upon the delivery of the final edited Project to the Client.
And Cut will accept payment in cash, check, VISA, or Master Card. There will be a 4% processing fee assessed on all credit card payments. $25.00 will be charged for any returned checks and must be paid before delivery of the final edited project. If the Reservation Fee is paid by check and that check is returned, this contract will become immediately void and the date will no longer be secured. C L I E N T A G R E E M E N T I have read the details of the production above, and read the Terms & Conditions below. I understand and agree with every provision of this contract and by my signature, hereby certify that I accept and agree to abide by them and that I am at least 18 years of age, competent and legally qualified to enter in to such a contract as the Client. Signed on the Day of the month of in the year to be solely governed by the laws of the State of California. FOR Client : (Responsible Party)
by:
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A N D C U T A G R E E M E N T I have read, understand and agree with every provision of this contract and by my signature, hereby certify that I accept and agree to abide by them and that I am at least 18 years of age, competent and legally qualified to enter in to such a contract as the Owner of And Cut! Video Services. Signed on the Day of the month of in the year to be solely Kenneth M. Saltzman, owner And Cut! Video Services
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TERMS & CONDITIONS SCOPE AND PURPOSE: This contract supersedes and replaces all previous understanding, agreement or contract, written or verbal, between And Cut! Video Services (hereafter referred to as And Cut, a Sole Proprietorship located at 22244 Gifford St. in Los Angeles County, owned by Kenneth M. Saltzman) and the contracting party (hereafter referred to as The Client named on the first page). The purpose of this contract is to protect both The Client & And Cut. The day of the event is no time for misunderstandings and oversights to surface, and this contract seeks to alleviate this possibility. PAYMENT SCHEDULE: . Client agrees to make payment(s) to And Cut as outlined in the following manner. · 25% of the total cost is due upon the execution of this contract and is referred to as the “Reservation Fee.” · 50% of the total cost is due no less than two weeks before the event date. · 25% of the total cost is due upon delivery of the Final Edited Material. · Sales tax in the amount of 9.75% of the total cost is due upon delivery of the Final Edited And Cut reserves the right to discontinue Production or withhold delivery of Production until all sums due and payable to And Cut have been remitted in full. Interest shall be levied on all delinquent sums at the rate of 12% per annum. Any unpaid balance shall be deemed delinquent thirty (30) days after written notification is made to Client that Production has been completed. Client will be responsible for all collection costs, including (but not limited to) collection agency fees, attorneys fees, court costs, and all other reasonable collections-related costs. And Cut reserves the right to terminate this contract for any reason at any time. Should And Cut terminate contract, all monies paid by The Client will be refunded. Under any and all circumstances, the total liability of And Cut is limited to a refund of all monies submitted to And Cut by The Client. RESERVATION OF TIME AND DATE: This contract constitutes an order for one video production. Upon execution of this contract and receipt of the reservation fee, And Cut will reserve the time and date agreed upon, and will make no other reservations for that time for the duration of the contract. The Reservation Fee is non-refundable. If the payments are not received at And Cut by the dates specified, And Cut may cancel the reservation without further notification to The Client (verbal or otherwise). The reservation fee, payment schedule, times, dates, locations, and other important information are specified at the beginning of this contract. CHANGES: And Cut will make reasonable effort to work with The Client should changes occur. If the event is rescheduled, and if And Cut is available, And Cut will, at its discretion, shoot the new date at the current rates in effect at the time of the change. If And Cut is not available on the new date, or if the event is canceled, And Cut is obligated to refund only those payments in excess of the reservation fee. And Cut must be notified in writing of any changes. PRODUCTION AND EDITORIAL CONTROL: The Client has had opportunity to critically view samples of And Cut's video work, and has retained And Cut as the exclusive official videographer to cover the event. While input from The Client is always welcome, The Client grants And Cut full production and editorial control regarding all aspects of production and postproduction. And Cut makes no guarantees either expressed or implied in regard to aesthetic qualities of the completed video production. And Cut makes no guarantees concerning any particular effect, interview or special request. In the event that a particular segment of the event is not recorded, partially recorded, or not a part of the Edited Master Video, it is at the sole discretion of And Cut as the exclusive producer of the event video. Upon receipt of the final product, The Client has five (5) days to request any changes to the final product. If the requests relate to editing errors (as solely determined by And Cut), there will be no charge for the changes. If the requests are aesthetic in nature (as solely determined by And Cut), changes will be made at the rate of $100 per hour. RESTRICTIONS: The Client is aware that restrictions imposed by others (e.g., photographer, church, reception hall, guests, etc.), and the constraints of the physical environment, safety, weather, and acts of God can affect the quality and extent of video coverage possible. And Cut guarantees coverage of all events only within the bounds of any restrictions and constraints of the physical environment, safety, weather and acts of God. And Cut cannot guarantee coverage of outside events during inclement weather. The Client is responsible for obtaining all permissions and clearances for And Cut to shoot video, The Client must provide adequate shelter from inclement weather and extreme temperatures as required by And Cut to operate. PRODUCTION MATERIALS: And Cut must receive photos, invitations, music, checklists, and any other materials required for the completion of the production within 4 weeks of the event. Production may proceed without these materials if The Client has not supplied them in a timely manner. No part of fees paid for the production will be returned. All materials will be returned to The Client with the delivery of the finished product. Although all possible care will be taken to safeguard these materials, And Cut is not responsible for any materials lost or damaged while in possession of And Cut or in transit beyond replacement cost. UNFORESEEABLE EVENTS / LIABILITY: And Cut will take the utmost care with respect to photo/video shooting, lighting, selection of subject matter and delivery of final presentation. However, And Cut limits any liability for loss, damage, or failure to deliver the event video for any reason to return of all payments made beyond the Reservation Fee. Circumstances beyond our control include, but are not limited to: power failure; equipment malfunction; and defective tape stock. PROPERTY RIGHTS: The Client warrants that he/she has the legal rights to anything requested to be a part of the Edited Master Video, including photos, musical recordings, videotapes, or any other materials delivered to And Cut for inclusion in The Client's video. The Client agrees to indemnify and hold And Cut harmless for any loss, damage, or liability for infringement of any rights arising from the use or sale of videos The Client hires And Cut to produce, edit, or duplicate. DISPLAY RIGHTS: All audio and video footage obtained by And Cut is the copyrighted property of And Cut. And Cut reserves the right to use any and/or all footage for promotional, publicizing, exhibition, and/or other exploitation thereof in any manner and by any means and in connection with commercial advertising and publicity. In signing this contract, The Client is acting as agents for all members of the party and guests and grants And Cut full rights to record their images, with the full understanding that their images may be used in the aforementioned promotional manner. FOOD AND PARKING: If And Cut attendance at Client’s event will exceed four (4) hours, Client agrees to either (a) provide meals for all And Cut personnel in attendance at their event, or (b) specify (in advance of the date of the event) a one (1) hour time period in which And Cut personnel may leave the site of the event. If option (b) is selected, And Cut personnel will secure video equipment during this one hour period and no videotaping will be possible. If Client fails to abide by either provision, Client understands that a $200 additional charge will be made to Client’s account.. The Client will provide parking for And Cut's vehicle as close to the event as possible. OVERTIME: When event activities extend beyond the agreed upon length of time of coverage and The Client requests extended coverage, overtime will be billed in hour increments at the current rate of $195.00 per hour, per videographer. until such time as The Client has departed or informs And Cut to discontinue. DELIVERY OF VIDEOTAPE: Normal delivery of The Client's video is within ten weeks of the event. This delivery schedule is only approximate, and, among other factors, is dependent on And Cut having received all production materials supplied by The Client for inclusion in the video. An extended delivery schedule necessary for proper completion of the event video will not void this contract. DVD COMPATIBILITY: And Cut produces DVDs using the most compatible media for set-top DVD players. Not all DVD players are compatible with the DVD-R discs used. DVD players manufactured since 2001 are most compatible. And Cut will be happy to lend you a test disc to test your player's compatibility. DUPLICATION & RAW VIDEO: And Cut will retain the Final Edited Video and the raw footage from The Client’s event for an unspecified period of time. Should The Client desire duplications of the final edited project, they will be made available on DVD or VHS tapes, at a cost of $40 each. Unless otherwise agreed upon by Client and And Cut, raw, unedited video footage will NOT be made available. And Cut makes no guarantees regarding the availability of duplication of any video, edited or unedited.. ARBITRATION: If
any portion of this contract is deemed to be invalid, it is agreed that
the invalidity of such portion shall not affect the validity of the
remaining portions of this agreement. All parties involved in
this contract hereby agree that any disputes arising from this contract
will be relegated to a private alternative dispute resolution company
of claimant’s choosing for resolution via binding arbitration. |