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.
company name Change Order company name address address city state or province zip or postal code
Phone phone number Fax fax number DATE. current date Order contract reference number Bill To. company name address address city state or province zip or postal code Phone phone number Fax fax number For.
Invoice. Product and or Service Billing. Hourly. hourly rate Fixed Rate. fixed rate Other.
Please provide detailed description of the changes that you would like made to your project. Be as specific as possible. Provide the exact page frame location on the page frame and what corrections need to be made. To avoid duplication and confusion please list all of your corrections on this form. You may attach additional forms as necessary. Agreements PAYMENT TERMS. Net days. 1. 5% Interest monthly on accounts past due days. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project or provide software as outlined in this Agreement. Payment will be made as proposed above. Clients signature Title
INTERACTIVE CREATIVE BRIEF WORKSHEET company name address address city state or province zip or postal code Phone. phone number Date. current date Client. Project Name. Client Contacts.
Company Team. Project Manager Company. Project Manager. Client. Is there an Estimate or Budget. Circle One Yes No NA Who is responsible for this. Due Date for Estimate. Is there Specification. We will write. Circle One Yes No NA Project Deadline. Timeline. Please list client milestones and estimated dates.
Initial Scope of Project. Audience. Assets and Platforms. Objectives. Outcomes. Metrics and Tracking. Placements Ad Purchases and Placement Research. Vendors and Outside Creative.
Specification Definitions Example attachment defining specification definitions for web site project Standard Page. * Uses our pre existing page templates completely custom pages will require more time. * Page body contains up to unique static GIF or JPG images requiring minimal work including but not limited to. scanning sizing cropping editing compressing. * to browser screens of text when viewed at 640x480 screen resolution. * Up to hyperlinks not including the page header and trailer site navigation hyperlinks * Includes the addition of basic navigation systems built into each page. Creation of the graphical menu bar with image slicing and rollovers is rolled into the base price per page. Keyword Splash Page.
* copy of the primary splash page that is tailored to specific key word of phrase. E commerce Solutions. * Level 1. Flat text file non interactive. * Level 2. page interactive form using email. * Level 3. Multi page interactive forms using email and or data files * Level 4. Multi page interactive forms using real time credit card processing. Level and allow for shopping cart product purchasing on any pages. Common Navigation Systems.
1. Graphical navigation bar with rollovers at head of each page. 2. Page header text navigation bar under the graphical navigation bar. 3. Text navigation bar at bottom of each page. 4. Site map page. 5. Help page. 6. Quick guide page.
7. Automated search component. 8. Index pages page of simple links to sub pages within the site 9. List traversal of series pages pages designed to be read one after the other 10. Hyperlinks to other pages. 11. Shallow tree 4 clicks max. 12. Consistent navigation across all pages.
EXHIBIT F CONTRACT ADDENDUM THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer The following requirements are made and are to be included as part of the attached contract.
ADDENDUM A. Project Change Request Insert Addendum A. Information Here ADDENDUM B. Financial Impact and Schedule Impact Insert Addendum B. Information Here 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 Company Initials
company name Work Order address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Bill To. company name
city state or province zip or postal code Phone phone number For. What you are doing for the customer here DESCRIPTION HOURS RATE AMOUNT TOTAL Agreements
In consideration of the mutual covenants set forth in this Agreement Customer and Developers hereby agree as follows. 1. Development of Web Site Digital Media. Developers agree to develop the Web Site and other Digital Media according to the terms expressed by the customer and recommended by the developers. 2. Delivery of Web Site Digital Media. Developers will use reasonable diligence in the development of the Web Site and endeavor to deliver to Customer an operational Web Site no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Section are estimates and are not required delivery dates. 3. Ownership Rights. Developers shall hold all right title and interest in and to the Web Site Media. Specifically but without limitation Developer shall hold all right title and interest in and to all text graphics animation audio components and digital components of the Web Site the Content all interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Web Site all literal and non literal expressions of ideas that operate cause create direct manipulate access or otherwise affect the Content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Web Site or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers right title and interest in the Web Site as described in this paragraph 3. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and transmits to Developers for use in the Web Site. 4. Compensation. For all of Developers services under this Agreement Customer shall compensate Developers in cash the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth in Exhibit Invoice Developers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement remove the Web Site and or Digital Media bring legal action. 5. Limited Warranty and Limitation on Damages. Developers warrant the Web Site will conform to the Specifications. If the Web Site does not conform to the Specifications Developers shall be responsible to correct the Web Site without unreasonable delay at Developers sole expense and without charge to Customer to bring the Web Site into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that Developers do not warrant that the Web Site will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Web Site. 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 Developers as set forth in Exhibit attached hereto. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of his obligations under this Agreement without Customers prior written consent. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above. Customers signature Designers signature Date THANK YOU FOR YOUR BUSINESS.