VIDEO PRODUCTION CONTRACT
This agreement between WEST45 MEDIA (“COMPANY”) and ("CLIENT") and in the estimate/proposal, and along with these Terms & Conditions, establishes the entire agreement between the parties.
Exclusive agency and conflict resolution
It is agreed upon that company shall be the sole and exclusive video production agency retained by the client for the outlined event. The client shall be responsible for any conflicts with other video coverage agreements and for providing any necessary notifications to avoid such conflicts.
Permissions and clearances
The client agrees to assume all responsibilities for obtaining any necessary, permissions, clearance permits, etc; that may be required for company to film, each event, public space, or private. The client is responsible for secure and access to camera positions and accepts the impact of any restrictions. The client guarantees that they possess the legal race to do anything company will record on film, including musical recordings, videos, or any other materials provided to that company for inclusion in the clients videos.
Estimates
Estimates/Proposal/Invoices are valid for 14 days from the date of issue. Any changes, whether made verbally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less.
Payment
The client will be required to make a non-refundable initial payment of 50% of the total fee to secure the production date and begin preproduction work. This payment will be due upon signing of the contract and will be used to cover expenses incurred during reproduction, such as scouting locations, hiring crew, and renting equipment. The remaining balance of the fee will be due upon the final delivery of work. Our agreement and schedule shoot becomes effective upon receiving the initial deposit requested on the invoice. Payment info is required prior to delivery of final work. All fees and expenses payable under this agreement are required irrespective of whether the client makes actual use of the media.
Delivery Timeline
Final commercial media is typically completed within 4-6 weeks from the shoot date, with additional time required for any requested edits. Turnaround may vary depending on project volume, and clients will be informed of any potential delays.
To ensure deadlines are met, clients must provide written notice of any time-sensitive needs before the agreement is finalized. If an expedited delivery is required, a rush fee starting at $500 may apply.
Revision Process
A single round of revisions is provided on all videos. Either approval or a detailed revision list must be provided by the client within 48 business hours (weekdays) of the ‘first cut’ being made available for review. If no feedback is provided, the Media will be finalized and delivered as-is. Any published use of the Media by Client deems the Media as approved by Client. All revisions / edits / reshoots requested after Media is finalized will incur fees determined at an hourly rate of $100/hr.
Media will be delivered via digital delivery unless you specifically requests physical delivery via hardware drive. Delivery via hardware drive may incur additional costs.
Cancellations & Postponements
In the event Client cancels or postpone a shoot, not caused by unfavorable weather or by the Producer, Client will pay all expenses company has incurred up to the time of cancellation (if applicable).
If a shoot is canceled within 48 hours of departure for the shoot, there is NO FEE since it’s covered by the NON REFUNDABLE DEPOSIT however, client will pay 100% of the fees of any subcontractors booked for the job.
Ownership in use of videos
The company reserves the right to use the videos produced under this agreement for display and promotional purposes. company won't post on social media until permission from client. All video masters and raw footage shall remain exclusive property of the company will not provide raw images or video footage to client. Less specifically agreed upon the delivery of raw imagery may incur fees at 1000% or higher of original agreed-upon deliverable media.
Representations and warranties
The client represents and warrants that it has legal authority to enter into this agreement and that its performance under this agreement will not conflict with any other agreements to which the client is a party.
Indemnification
The client shall identify and hold harmless the company from and against any and all claims damages and expenses, including reasonable attorneys fee arising out of the clients breach of this agreement or the services provided by the company under this agreement.
Editorial control
Client acknowledges that he/she is familiar with the companies portfolio and is requesting services with knowledge of the company style, and that the company work is constantly involving; that the company services are of a unique and artistic nature; accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria. Changes requested to the final video after delivery to client are charged at a rate of $150/hour.
Modification
This agreement may not be modified or amended, except in writing, signed by both parties.
Assignment
Neither party may assign disagreement without the prior written consent of the other party
Video file retention
The client acknowledges and agrees that the company is not responsible for maintaining copies of the video files from any shoot for more than 30 days. Follow the delivery of the videos to the client or after the videos have been confirmed by the client the client is responsible for downloading and securely storing all video content on their own computer or device within 30 days. This contract is binding upon the parties, the respective successor, and assigns.