Professional has helped me from the beginning. It doesn’t matter whether we have a client that is a family friend or a brand new client; we always send them a contract. It is so important to act professional from the beginning."
VIDEO MULTIMEDIA PRODUCTION CONTRACT THIS AGREEMENT is made this current day day of current month current year by and between company name Producers and company name Customer Terms and Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Producers hereby agree as follows. 1. Description of the Project Specifications Producers agree to develop the Project according to the terms listed on Exhibit attached hereto.
2. Responsibility for Original Material. Materials provided to Producers for use in fulfilling the Project the Materials may include but are not limited to. Pictures Film Slides mm and 16 mm Film Videotapes Audio Artwork Motion Graphics 3D Animation Digital Media or other source materials required for inclusion in the Project. Producers are not responsible for lost or damaged materials and any compensation due Customer shall extend only to the cost of replacing the Materials in their raw or stock format. Services provided to Customer under this Agreement may include the use of sub contractors and third party services. Customer agrees to indemnify and hold Producers harmless from any and all claims for any loss damage or delay to the Materials or Project while in transit or in the possession of third party services or sub contractors and agrees that damages shall be limited to replacement or replacement cost of the raw original material and media provided to Producers. 3. Delivery of Project. Producers will use all reasonable efforts in the development of the Project and endeavor to complete and deliver to Customer the completed Project no later than delivery date by an approved party provided that payment and all requested materials and instructions have been received by Producers from Customer. Any delay in the completion of the Project due to actions or negligence of Customer transportation delays illness or circumstances outside the control of Producers shall alter the delivery date. Producers will make reasonable effort to notify Customer of any delays to the estimated delivery date as soon as possible. 3 Proofing. Proofs will be presented for Customer approval at each stage of development. If revisions are required request must be made when proofs are returned to Producers. Reasonable edits based upon Customers feedback will constitute acceptable delivery unless otherwise agreed upon in writing by both Producers and Customer. The total number of proofs provided to Customer shall number Insert Number of Proofs Count unless otherwise determined in the Specifications. Proofs may be provided to Customer in formats that differ from the final output as outlined in the Specifications. Customer acknowledges that colors printing quality media type or any other element presented in the proof to Customer may change upon final delivery and shall not constitute breach or material deviation from the Specifications. 3 Additional Editing and Changes. Any requested changes to the Specifications shall constitute additional editing and incur additional charges or fees. Additional charges for editing and changes shall be billed at hourly rate per hour. All additional changes must be submitted and approved by both parties in writing by approved Contract Change form. 3 Back ups and copies of Project Files.
Producers shall not be responsible for maintaining any copies of Project source files masters materials or other media created by Producers for Customer under this Agreement after any such materials have been turned over to Customer. It is Customers sole responsibility to create back up copies of any Project files received in order to preserve the integrity of their Project files and protect against unforeseen loss. 3 Reproduction of Project. Check all that apply Upon successful completion of all compensation terms and outstanding balances owed to Producers Customer is granted full and unlimited reproduction rights to the Project. Customer is granted one time limited use reproduction right for the Project in exchange for the compensation paid to Producers. Project shall not be reproduced in any format without the written consent of Producers. Producers retains the right to reproduce the Project in any form for marketing future publications competitions or other promotional uses. Producers shall at no time reproduce the Project for use in commercial means or for profit use.
4. Ownership of Masters Media and Source Files. Except for Customers Proprietary Material contained in the Project Producers shall hold all right title and interest in all original artwork whether in draft mock up concept or final development for the Project. Customer hires Producers to make videotape CD ROM DVD or audio transfer for commercial use. All edited video CD ROMs audio and DVD will be subject to copyright by Producers. Any unauthorized copying is strictly prohibited. All equipment supplies cameras edited or master media or any original media produced during the execution of this Agreement shall remain the exclusive property of Producers. 5. Compensation. In return for the Projects that are completed and delivered under this Agreement and Exhibit Customer shall compensate Producers pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Producers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all files artwork source commitments or any other service to be performed by Producers for Customer bring legal action. Customer is responsible for all third party material costs as outlined in Exhibit and accepts responsibility for all additional approved costs that Producers may incur in the development of this Project. All masters film tapes or other source materials shall remain the exclusive property of Producers and will only be made available to Customer for an additional fee. 6. Confidentiality.
Customer and Producers acknowledge and agree that the Specifications and all other documents and information related to the development of the Project excluding however Customers Proprietary Material the Confidential Information will constitute valuable trade secrets of Producers. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Producers prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information at any time. Producers will not make any of the Project materials whether in part or in whole available to the public domain or any third party not authorized by Customer prior to obtaining written release from Customer or verification that the Project materials have been made available to the public by the Customer. Note For time sensitive materials or releases both parties are encouraged to put schedule of this information in Exhibit the Specifications. 7. Limited Warranty and Limitation on Damages. Producers warrant the Project will conform to the Specifications. If the Project does not conform to the Specifications Producers shall be responsible for the timely correction of the Project at Producers sole expense and without charge to Customer in order to bring the Project into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Producers is not responsible for the results obtained by Customers use of any part of the Project. Customer acknowledges that Producers are not responsible for fixing problems on the Project once mass produced or after Customer has tested proofed and approved the Project Sign off in writing. Except as otherwise expressly stated herein Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Producers as set forth in Exhibit attached hereto. All Master Tape or other source material created for the Project shall be stored at Producers facilities for year from the date of this Agreement. Producers reserve the exclusive right to destroy delete or otherwise dispose of any materials whether Customer provided or not that are still in Producers possession after year from the date of this Agreement. Original materials provided to Producers by Customer shall be returned upon successful completion of the Project or to the last known good address for Customer. 8. Independent Contractor. Producers will be retained as independent contractors for the length of this Agreement. Producers will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Producers behalf. Producers understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Materials Logos Graphics and other Collateral.
Customer agrees to make available to Producers for Producers use in performing the services required by this Agreement such graphical elements and materials as Customer and Producers may agree in writing for such purpose. Failure to provide Producers with Materials in the requested formats may result in additional delays or fees in addition to those stated in Exhibit A. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior Agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto. 10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and enure to the benefit of Customer and Producers and their respective successors and assigns provided that Producers shall not assign any of their obligations under this Agreement without Customers prior written consent.
10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter the Project except upon the express written advance approval of Producers unless otherwise noted in Section 3. 2.
10 Payment Milestones. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Producers have the right to immediately cease all work on the Project until payment in full is paid. 10 Indemnification. Customer warrants that everything it gives Producers to put on the Project is legally owned or licensed to Customer. Customer agrees to indemnify and hold Producers harmless from any and all claims brought by any third party relating to any aspect of the Project including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Project. 10 Use of Project for Promotional Purposes.
EXHIBIT B SPECIFICATIONS The project will contain the following components and or services. A. Describe each deliverable to be included in the project per the terms of the contract and proposal
PROJECT CANCELLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Consultants and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Consultants hereby agree to cancel any and all work projects or labor as follows. 1. Cancellation of Services. Consultants shall cease any and all computer consulting services described below the Services or Work Product as well as any additional services that Customer has requested. Services include but are not limited to. a Enter Service or Work Product Description here
b Enter Service or Work Product Description here c Enter Service or Work Product Description here d Enter Service or Work Product Description here 2. Termination Obligations. Upon termination of this Agreement Consultants shall transfer and make available to Customer all property and materials in Consultants possession or subject to Consultants control that are the rightful property of Customer. The Consultant shall make every reasonable effort to secure all written or descriptive matter which pertains to the Services or Work Product and agrees to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Consultants shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 3. Ownership Rights. The Consultant shall have ownership to all Consultants Materials. Consultants Material consists of all copyrightable. a Materials that do not constitute Services or Work Product as defined in Sect Services and Exhibit Specifications
b Materials that are solely owned by Consultants or licensed to Consultants. c Materials that are incorporated into the Work Product or part of the Services. Additional material shall include but are not limited to. Insert details about additional material here. Consultant shall hold all right title and interest in and to Consultants Material. Customer shall not do anything that may infringe upon or in any way undermine Consultants right title and interest in the Consultants Material as described in this paragraph 4. Notwithstanding the above Consultant hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of Consultants Material for the purpose of
Insert purpose materials will be used for here. 4. Outstanding Final Compensation and Hold Harmless Agreements. For all of Consultants services rendered to Customer under any Previous Agreement Customer shall compensate Consultants in cash pursuant to the terms of Exhibit attached hereto. By accepting the terms of this offer and signing in the space provided below you hereby release and forever discharge and hold Customer its successors employers employees agents officers directors shareholders affiliates and insurers harmless of all claims suits or liability directly or indirectly related to your employment retainment of services or the termination of such services and specifically and without limitation any claims to pay in lieu of notice wrongful dismissal severance vacation bonus or overtime pay. This release includes but is not limited to all contract and tort claims between Customer and Consultants concerning Customers right to terminate its employees contractors and vendor agreements and claims or rights under local state and federal laws prohibiting employment discrimination. By signing below you agree that these terms represent full and final settlement of any and all claims you have arising out of your employment or contract employment by Customer. 5. Mutual Confidentiality. Customer and Consultants acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the services or work product are the property of Customer. Materials provided between Consultants and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respected owner the Owning Party and will constitute valuable trade secrets. Both parties shall continue to keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the owning party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or had been previously made available by the owning party in public venue. 6. Equipment and Expenses. If Customer has made available to Consultants for Consultants use in performing the services for Customer such items of hardware and software as Customer and Consultants may agree are reasonably necessary for such purpose Consultants are obligated to return all Customer property currently in their possession at time and place of Customers choice. The following equipment and or services have been made available to Consultants and are hereby required to be return to Customer.
a Insert Equipment or Services description here b Insert Equipment or Services description here c Insert Equipment or Services description here 7. Expenses. Consultants will not be reimbursed for any expenses incurred in connection with the Services or Work Product whether direct or indirect without the express written approval of Customer. 8. General Provisions. 8 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 8 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Consultants and their respective successors and assigns provided that Consultants may not assign any of his obligations under this Agreement without Customers prior written consent. 8 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 8 No Right to Assign. Consultants have no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Customer which consent can be withheld for any reason. Customer may freely assign its rights and obligations under this Agreement.
8 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Consultant Initials