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 Project Acceptance Signoff address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder
Client. company name city state or province zip or postal code Phone phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone
Acceptance of Milestone #1 description here Acceptance of Milestone #2 description here Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT. I certify that have received the above project deliverables from company name and that the deliverables listed above have been demonstrated delivered or otherwise completed to my satisfaction. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project. Clients signature
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.
SOCIAL NETWORKING SERVICES AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Recitals A. Company has experience and expertise in the development of social networking social networking platform strategies for web pages web sites and other computer networks. B. Customer desires to have Company develop and deploy social networking strategies and custom social networking site design social networking campaign provide custom programming and integration services and other services as outlined in Exhibit attached herein the Specifications C. Company desires to develop Customers social networking strategy and services on the terms and conditions set forth herein.
Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Social Networking Strategy and Optimization Services. Company agrees to create install edit manage develop and employ custom social networking strategies according to the terms listed on Exhibit attached hereto. 2. Specifications. Company agrees to develop the social networking pursuant to the Specifications set forth in Exhibit B. 3. Delivery Dates and Milestones.
Company will use reasonable diligence in the development of the social networking services and endeavor to deliver to Customer all deliverables and milestones no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Company will retain all documents source code password lists and other assets employed or created for Customer during the execution of this agreement. Customer will only receive the output formats of Companys work where applicable. The output is to be used only within the scope of the project as outlined in Exhibit A. Customer shall retain all of its intellectual property rights in any text images or other components it owns and delivers to Company for use in the social networking services rendered under this agreement. 4. Services Provided. Social networking services are intended to establish for the Customer presence across multiple social networking platforms as outlined in Exhibit B. Services may include specific campaigns to drive traffic to or build membership in various social networking platforms as well as reporting results on an ongoing and timely basis. Social networking services may include but are not limited to the following. 4 Social Networking Site Selection. Company will provide comprehensive list of social networking sites and platforms based upon research completed by Company and presented to Customer that best suits the demographic Customer is trying to reach with its social networking efforts.
4 Social Networking Site Page or Account Creation Edits and Custom Programming. Company will create or edit Customers existing social networking site page or account as deemed necessary by Company in order to meet the goals as stated in the Specifications. Company will register Insert the social networking domain count additional domains to be used as gateways to improve social networking services. Registration shall be in Customers name and schedule of fees for maintaining the additional domains shall be billed to Customer accordingly. Company will create Insert additional campaigns additional campaigns for the purpose of targeting specific agreed upon demographics in order to drive interest in Customers social networking efforts. These campaigns will be placed in locations determined to be most effective and at Companys sole discretion. Company may employ proprietary techniques coding and other resources as it deems necessary to improve Customers social networking efforts. Company reserves the right to create specially coded Web Pages to prevent competitors from copying code or any resources employed by Company. 4 Software. Company will install update upgrade and configure the following software packages the Installation or the Software as required by the Specifications and provide documentation and instructions to Customer on using all Software installed by Company. Company shall provide hours hours of training to Customer and turn over all disks CD ROMs digital media downloads links or other Software purchased for Customer under this Agreement to Customer. Company shall not be responsible for keeping copies back ups or any other form of the Software after turning over the original copies to Customer. Company will not maintain the Installation updates or any daily tasks required for the maintenance of the Software under this Agreement unless otherwise specified in Exhibit B. Company will not manage or maintain copies of licenses for any of the software packages or installations under this Agreement. All licenses for software installations will be turned over to Customer upon execution of this Agreement. 4 Social Networking and Management Services.
Company will manage Customers social networking accounts and pages as stated in the Specifications. Insert services related to specific social networking accounts and other disclaimers if used. Company will create custom reports for social networking efforts and positioning of Customers social networking Site or other custom Pages created by Company under this Agreement. Company will provide detailed reports as required by the Specifications and shall endeavor to provide the reports to Customer in timely manner. Customer acknowledges that any reports provided by Company are to be considered estimates based on industry standard reporting software and techniques and shall never be construed as an exact counting of each and every submission. Insert exclusions to reporting and other disclaimers if any. Company will provide editing services and continue to adjust all Accounts Pages Fan Sites Business Sites and other media created under this Agreement for period of days days in order to increase the effectiveness of social networking services. Insert exclusions to editing services and other disclaimers if any.
Company will create and employ the following third party tools for Customer. Insert specifics including number of keywords pay per click campaign maximum bids etc. Insert additional services to be performed for Customer under this Agreement if any. Company will develop and maintain regular monitoring and reporting on social networking and Third Party Advertising Performance that is used in conjunction with the social networking Services. Reports will be provided to Customer on monthly basis. Customer acknowledges the following with respect to services. a Company accepts no responsibility for policies of third party social networking Sites Directories or other Web Sites Third Party Resources that Company may use with respect to the classification or type of content it accepts whether now or in the future. Customers social networking Sites Web Site or content may be excluded or banned from any Third Party Resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third Party Resources under this Agreement. b Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 positions consistent positioning top positions or guaranteed placement for any particular social networking Site Keyword Phrase or Search Term s. Customer acknowledges that Companys past performance is not indicative of any future results Customer may experience. c Customer acknowledges that social networking and submissions can take an indefinite amount of time for results and inclusion unless paid advertising programs are employed. Each edit or change made to any resources employed by Company will repeat these times. d Customer acknowledges that any of the social networking sites or other resources may block prevent or otherwise stop accepting information for an indefinite period of time.
e Customer acknowledges that any search engine may drop social networking sites from its database for no apparent or predictable reason. Company shall adhere to the current policies of the social networking site in question and whether pay inclusion programs are being used. f Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the social networking services and the execution thereof under this Agreement. Customer acknowledges that Company may not become aware of changes to Third Party Resources industry changes or any other changes that may or may not affect social networking services. g Customer acknowledges that some of the Third Party Resources offer only paid inclusion programs that require fee or continued maintenance or performance fees. Customer is solely responsible for all paid advertising fees and must maintain adequate funds in any third party accounts in order to maintain inclusion in these resources. Consult Exhibit for complete list of Third Party Resources employed under this Agreement and an estimate of fees for specific advertising keyword targets and other listings. h Company reserves the exclusive right for the duration of this Agreement to approve or disapprove any design strategies existing code or other techniques whether requested by Customer or presently employed by Customer that are considered by Company to be detrimental to social networking and the execution of Companys services under this Agreement. 5. Compensation.
For all of Companys services under this Agreement Customer shall compensate Company in cash 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 Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove equipment software services or resources owned by Company whether leased to Customer by Company or not and any Company personnel or staff from Customer location bring legal action. 6. Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the development of social networking the Confidential Information will constitute valuable trade secrets of Company. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Companys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 7. Limited Warranty and Limitation on Damages. Company warrants that social networking products and services will conform to the Specifications for period of days from the date of acceptance by Customer. If social networking services do not conform to the Specifications Company shall be responsible to correct social networking services without unreasonable delay at Companys sole expense and without charge to Customer to bring social networking services 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 Company does not warrant that social networking services will work on all platforms. Customer acknowledges that Company will not be responsible for the results press reputation productivity or any other measurable metric not specified in Exhibit obtained by Customer on social networking services. 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 Company as set forth in Exhibit attached hereto. Developers note. When creating the Specifications in Exhibit make sure to clearly outline the services to be performed which you have control over. It is not recommended to include expected results in Specifications as you may not be able to then meet the terms of your Agreement and maintain results for the entire warranty period. If you do agree to terms you may not have control over in the Specifications consider removing the default 30 day warranty and specify there is no warranty. You want to ensure to always agree only to Specifications you can complete. For example do not warrant that social networking sites will list any campaign in the top results on search but do warrant that you performed all content creation and distribution of content per the guidelines of the specified social networking platforms. 8. Independent Contractor.
Company shall be retained as an independent contractor. Company will be fully responsible for payment of its 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 Companys behalf. Company understands that its staff 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. Equipment Access. Customer agrees to make available to Company for Companys use in performing the services required by this Agreement such items of hardware and software as Customer and Company agree are reasonably necessary for such purpose. Customer agrees to make available any access to services hosting ftp or other resources deemed necessary by Company to fulfill its obligations under this Agreement. 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 both 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 Company and their respective successors and assigns provided that Company may not assign any of its 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 this Agreement except upon the express written advance approval of Company which consent can be withheld for any reason. 10 Right to Remove Resources.
In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Company has the right to remove any social networking resources under Company control until payment is paid in full plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything it provides Company to employ in social networking services is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of social networking services 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 social networking services. Customer agrees to indemnify Company from responsibility for problems disruptions caused by third party services that Customer may use such as merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the ownership and operation of social networking resources. 10 Use of Material for Promotional Purposes. Customer grants Company the right to use its work in producing social networking services for promotional purposes and or to cross link it with other advertising developed by Company. Customer grants Company the right to list reference or otherwise identify Customer as client of Company in Companys advertising and marketing.
10. 10 No Responsibility for Loss. Company will have no responsibility for any third party disrupting intruding or copying files in part or in whole on all or any part of the work performed for social networking services. Company is not responsible for any down time lost files improper links or any other loss that may occur in the operation of social networking services under this Agreement. 10. 11 Right to Make Derivative Works. Company will have the exclusive rights in making any derivative works from any of its work practices coding programming or other work in regards to social networking services. 10. 12 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. 10. 13 Identification of Company.
Customer agrees that Company identification may be annotated and remain within the code or on the Pages social networking Site or Web Site as the authors. Customer also agrees to put Companys copyright notices on social networking services and the relevant content therein. 10. 14 Transfer of Rights. In the event Company is unable to continue maintenance of social networking services non exclusive rights to social networking services will be granted to Customer. Transfer of Rights does not apply to non transferable third party licenses and proprietary Material owned by the Developers. 10. 15 Domain Name. Any domain name registered on Customers behalf will be made in Customers name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP or Domain Registrar. Company will not register domain names in Company name. Customer is responsible for renewing Customers domain name. Both parties represent and warrant 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 signatures 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