Legal Contract Templates Specialty Project/Service Contracts : Video and Multimedia Production Contract

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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals film VIDEO MULTIMEDIA PRODUCTION CONTRACT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Producers and CustCompany Customer Terms and Agreements consideration the mutual covenants set forth this Agreement Customer and Producers hereby agree follows Description the Project Specifications Producers agree develop the Project according the terms listed Exhibit attached hereto Responsibility for Original Material Materials provided Producers for use fulfilling the Project the Materials may include but are not limited Pictures Film Slides and Film Videotapes Audio Artwork Motion Graphics Animation Digital Media other source materials required for inclusion the Project Producers are not responsible for lost damaged materials and any compensation due Customer shall extend only the cost replacing the Materials their raw stock format Services provided Customer under this Agreement may include the use sub contractors and third party services Customer agrees indemnify and hold Producers harmless from any and all claims for any loss damage delay the Materials Project while transit the possession third party services sub contractors and agrees that damages shall limited replacement replacement cost the raw original material and media provided Producers Delivery Project Producers will use all reasonable efforts the development the Project and endeavor complete and deliver Customer the completed Project later than DeliveryDate approved party provided that payment and all requested materials and instructions have been received Producers from Customer Any delay the completion the Project due actions negligence Customer transportation delays illness circumstances outside the control Producers shall alter the delivery date Producers will make reasonable effort notify Customer any delays the estimated delivery date soon possible Proofing Proofs will presented for Customer approval each stage development revisions are required request must made when proofs are returned Producers Reasonable edits based upon Customer feedback will constitute acceptable delivery unless otherwise agreed upon writing both Producers and Customer The total number proofs provided Customer shall number Insert Number Proofs Count unless otherwise determined the Specifications Proofs may provided Customer formats that differ from the final output outlined the Specifications Customer acknowledges that colors printing quality media type any other element presented the proof Customer may change upon final delivery and shall not constitute breach material deviation from the Specifications Additional Editing and Changes Any requested changes the Specifications shall constitute additional editing and incur additional charges fees Additional charges for editing and changes shall billed HourlyRate per hour All additional changes must submitted and approved both parties writing approved Contract Change form Back ups and copies Project Files Producers shall not responsible for maintaining any copies Project source files masters materials other media created Producers for Customer under this Agreement after any such materials have been turned over Customer Customer sole responsibility create back copies any Project files received order preserve the integrity their Project files and protect against unforeseen loss Reproduction Project Check all that apply Upon successful completion all compensation terms and outstanding balances owed Producers Customer granted full and unlimited reproduction rights the Project Customer granted one time limited use reproduction right for the Project exchange for the compensation paid Producers Project shall not reproduced any format without the written consent Producers Producers retains the right reproduce the Project any form for marketing future publications competitions other promotional uses Producers shall time reproduce the Project for use commercial means for profit use Ownership Masters Media and Source Files Except for Customer Proprietary Material contained the Project Producers shall hold all right title and interest all original artwork whether draft mock concept final development for the Project Customer hires Producers make videotape ROM DVD audio transfer for commercial use All edited video ROMs audio and DVD will subject copyright Producers Any unauthorized copying strictly prohibited All equipment supplies cameras edited master media any original media produced during the execution this Agreement shall remain the exclusive property Producers Compensation return for the Projects that are completed and delivered under this Agreement and Exhibit Customer shall compensate Producers pursuant the terms Exhibit attached hereto the event Customer fails make any the payments referenced Exhibit the deadline set forth Exhibit Producers have the right but are not obligated pursue any all the following remedies terminate the Agreement withhold all files artwork source commitments any other service performed Producers for Customer bring legal action Customer responsible for all third party material costs outlined Exhibit and accepts responsibility for all additional approved costs that Producers may incur the development this Project All masters film tapes other source materials shall remain the exclusive property Producers and will only made available Customer for additional fee Confidentiality Customer and Producers acknowledge and agree that the Specifications and all other documents and information related the development the Project excluding however Customer Proprietary Material the Confidential Information will constitute valuable trade secrets Producers Customer shall keep the Confidential Information confidence and shall not any time during after the term this Agreement without Producers prior written consent disclose otherwise make available anyone either directly indirectly all any part the Confidential Information any time Producers will not make any the Project materials whether part whole available the public domain any third party not authorized Customer prior obtaining written release from Customer verification that the Project materials have been made available the public the Customer Note For time sensitive materials releases both parties are encouraged put schedule this information Exhibit the Specifications Limited Warranty and Limitation Damages Producers warrant the Project will conform the Specifications the Project does not conform the Specifications Producers shall responsible for the timely correction the Project Producers sole expense and without charge Customer order bring the Project into conformance with the Specifications This warranty shall the exclusive warranty available Customer Customer waives any other warranty express implied Customer acknowledges that Producers not responsible for the results obtained Customer use any part the Project Customer acknowledges that Producers are not responsible for fixing problems the Project once mass produced after Customer has tested proofed and approved the Project Sign off writing Except otherwise expressly stated herein Customer waives any claim for damages direct indirect and agrees that its sole and exclusive remedy for damages either contract tort the return the consideration paid Producers set forth Exhibit attached hereto All Master Tape other source material created for the Project shall stored Producers facilities for year from the date this Agreement Producers reserve the exclusive right destroy delete otherwise dispose any materials whether Customer provided not that are still Producers possession after year from the date this Agreement Original materials provided Producers Customer shall returned upon successful completion the Project the last known good address for Customer Independent Contractor Producers will retained independent contractors for the length this Agreement Producers will fully responsible for payment their own income taxes all compensation earned under this Agreement Customer will not withhold pay any income tax social security tax any other payroll taxes Producers behalf Producers understand that they will not entitled any fringe benefits that Customer provides for its employees generally any statutory employment benefits including without limitation worker compensation unemployment insurance Materials Logos Graphics and other Collateral Customer agrees make available Producers for Producers use performing the services required this Agreement such graphical elements and materials Customer and Producers may agree writing for such purpose Failure provide Producers with Materials the requested formats may result additional delays fees addition those stated Exhibit General Provisions Entire Agreement This Agreement contains the entire Agreement between the parties relating the subject matter hereof and supersedes any and all prior Agreements understandings written oral between the parties related the subject matter hereof modification this Agreement shall valid unless made writing and signed all the parties hereto Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Binding Effect This Agreement shall binding upon and enure the benefit Customer and Producers and their respective successors and assigns provided that Producers shall not assign any their obligations under this Agreement without Customer prior written consent Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Good Faith Each party represents and warrants the other that such party has acted good faith and agrees continue act the negotiation execution delivery performance and any termination this Agreement Right Assign Customer has right assign sell modify otherwise alter the Project except upon the express written advance approval Producers unless otherwise noted Section Payment Milestones the event Customer fails make any the payments set forth Exhibit within the time prescribed Exhibit Producers have the right immediately cease all work the Project until payment full paid Indemnification Customer warrants that everything gives Producers put the Project legally owned licensed Customer Customer agrees indemnify and hold Producers harmless from any and all claims brought any third party relating any aspect the Project including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused Customer products services material supplied Customer copyright infringement and defective products sold via the Project Use Project for Promotional Purposes Customer grants Producers the right use the Project for promotional purposes and cross link with other marketing venues developed Producers unless otherwise restricted the Specifications Right Style Make Derivative Works Subject Section above Producers have the exclusive rights making any derivative similar works the Project and any similarities between Customer project and future projects constitutes Producers methods and style and shall remain the right Producers Attorney Fees the event any party this Agreement employs attorney enforce any the terms the Agreement the prevailing party shall entitled recover its actual reasonable attorney fees and reasonable associated costs including expert witness fees Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Producers Initials Customer Initials

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