Terms of Use:


Please note that where the word ‘VIDEO’ features in the below document, this may be interchanged with the word ‘PHOTOGRAPHS’. This is a sample document of my terms of use and is featured here to elaborate the terms of use for both elements of my videography and photography services to give those prospective clients an idea of how projects are developed and managed. The final contract will be catered towards each clients needs upon receipt of a commission.

DELIVERABLES:

A video will be delivered to you, the client, in a timely manner adhering to any accepted deadlines, of a duration specific to our agreement and formatted so that it is optimised for its destined output. The content of the video will be a result and combination of initial negotiations held between both parties, an agreed storyboard used to further conceptualise the project and eventually a review by you, the client, in terms of how it meets your expectations with respect to the initial brief.

 

PROJECT SCHEDULE:

In our first meeting we will discuss whether or not the project is of a regular or express nature. Once this is ascertained during a deadline will be set for the completion of the project. A deposit of 50% will be necessary to secure the project before commencement. Upon receipt of this I will create a storyboard for the purpose of the shoot and submit this for your approval. After this we will determine a date for the actual shoot. On the day of the shoot I will record footage to be used in the final video. The next stage will involve editing the video in accordance with the storyboard and other post processing such as colour correction and grading.

 

If revisions are necessary for the completion of the project this will require another additional period of time to allow for this (usually one week depending on the scope of the revision itself). In cases where no revisions need to be made the video will be handed over in the agreed format on the date specified by the contract. Upon delivery of the video an invoice will be issued and payment in full will be expected one week from this date.

 

PRICING:

The price of the project is dependent on whether it is due for express delivery, or not. Express delivery is determined by the given scope of the project in relation to the desired turn around time for delivery and is agreed by client and freelancer before commencement. In cases where it is necessary, a further charge will apply, to guarantee that it is a matter of priority over other works. This additional fee is not inclusive of the time taken to perform any revisions and deals only with the handover of the project without revisions. In cases where revisions need to take place, further to those granted in the agreed price, another fee will apply to this at an hourly rate of 150 euros. This only applies to exceptional circumstance as I will do my utmost to try and discover the exact nature of the brief from the outset so such instances can be avoided. With respect to the aforementioned the price is fixed and not open for negotiation once the project has commenced.

 

PAYMENT TERMS/SCHEDULE:

Payment in full is due one week from receipt of invoice unless otherwise stated. If payment in full has not been received thirty (30) days after this one week period, late payments will incur a weekly rate of 8% interest on top of what is already owed each day thereafter. This is inline with the Late Payments in Commercial Transactions Regulation. As mentioned above any further revisions than the standard 2 that are available will incur an extra hourly fee of 150 euro. Interest will be charged on top of this too if late payment occurs.

 

USER LICENSE:

 

Client attains the right to first time use of the final production, in order to promote their business on the specified platform recorded on the Q&A form. If any other further uses for the video become of interest to the client they must contact freelancer for written permission to use it for other means than those first agreed between both parties. The client does not have copyright of the final production or ownership of any materials recorded and not featured in the final production. These remain with the freelancer and may be used by the freelancer after first use of the production in order to promote their business or become part of a portfolio to gain future clients. Any uses of the aforementioned by the freelancer will seek to avoid any breaches of client confidentiality that may be encumbered.

 

INTELLECTUAL PROPERTY RIGHTS:

1. Retained rights. Each party will retain all right, title and interest in and to its own pre-existing Intellectual Property irrespective of any disclosure of such Pre-Existing Intellectual Property to the other party, subject to any licenses granted herein.

2. Pre-Existing Intellectual Property.

 

a .Freelancer will not use any Freelancer or third party Pre-Existing Intellectual Property in connection with this Contract unless Freelancer has the right to use it for Client’s benefit. If Freelancer is not the owner of such Pre-Existing Intellectual Property, Freelancer will obtain from the owner any rights as are necessary to enable Freelancer to comply with this contract.

 

3. Ownership of deliverables.The sole ownership to any deliverables remains with freelancer.

4. No rights to Freelancers Intellectual Property. Except for the limited license to use materials provided by Freelancers as may be necessary in order for Clients to perform Services under this contract, client is granted no right, title, or interest in any Freelancer Intellectual Property.

5. No rights to Client Intellectual Property. Except for the limited license to use materials provided by Customers as may be necessary in order for Freelancer to perform Services under this Contract, Freelancer is granted no right, title, or interest in any Customer Intellectual Property.

 

TERMINATION

 

Rights to terminate.

A. Client may terminate this contract and/or an individual project upon thirty (30) days prior for its convenience, without liability at any time, upon prior written notice to Freelancer. Any termination within thirty (30) days of the first date of shoot will automatically result in the loss of any deposit or payment made to freelancer.

B. Freelancer may terminate this contract upon thirty (30) days prior written notice, provided there are no open projects at the time notice is given. With any termination within thirty (30) days of the first day of shoot, freelancer has to provide an equal or better suited replacement to fulfill the contents of the contract.

C. Any provision or clause in this contract that, by its language or context, implies its survival shall survive any termination or expiration of this contract.

 

WARRANTIES

 

Freelancer and customer warrant that:

1 the services and deliverables are original and do not infringe upon any third party’s patents, trademarks, and trade secrets, copyrights or other proprietary rights,

2 it will perform the services hereunder in a professional and respectable manner,

3 it has all necessary permits and is authorized to do business in all jurisdictions where services are to be performed,

1. It will comply with all applicable juridical laws in performing the services.

2. It has all rights to enter into this contract and there are no impediments to freelancers execution of this contract or freelancer’s performance of services hereunder.

3. Client will do anything in their power to accommodate freelancer to fulfill this contract to their best ability

 

 

 LIMITATION OF LIABILITY

 

1 Except as set forth in this section below, in no event will either party be liable for any special, indirect, incidental, or consequential damages nor for loss of data, profits or revenue, cost of capital or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the Agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.

2 Notwithstanding the foregoing, any purported limitation or waiver of liability shall not apply to Contractor’s obligation under the indemnification or confidential information sections of this agreement or either party’s liability to the other for personal injury, death or physical damage or property claims. 

 

INSURANCE

 

Freelancer shall maintain adequate insurance coverage and minimum coverage limits for its business as required by an applicable law or regulation, including the workers’ compensation insurance as required by any applicable law or regulation, or otherwise as determined by freelancer in its reasonable discretion. Freelancer’s lack of insurance coverage shall limit any liability freelancer may have under this contract.

 

MISCELLANEOUS

 

1 Assignment. Freelancer shall not assign any rights of this contract or any other written instrument related to services and/or deliverable provided under this contract, and no assignment shall be binding without prior written consent of client. Subject to the foregoing, this contract will be binding upon the parties’ heirs, executors, successors and assignors.

2 Governing Law. The parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this contract. The foregoing requirement will not preclude either party from seeking injunction as it deems necessary to protect its own interests. This contract will be construed and enforced in accordance with Irish law, excluding its choice of law rules.

3 Severability. The parties recognize the uncertainty of the law with respect to certain provisions of this contract and expressly stipulate that this contract will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this contract are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this contract or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of this contract will be unaffected.

4 Independent contractor. Nothing contained in this contract shall create an employer and employee relationship, a master and server relationship, or a principal and agent relationship between freelancer and client. Client and freelancer agree that freelancer is, and at all times during this contract shall remain, an independent contractor.

5 Force majeure. Neither party shall be liable for any failure to perform under this contract when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or government authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accidental, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary by both freelancer and client. If the delay remains in effect for a period in excess of thirty (30) days, client may terminate this contract immediately upon written notice to freelancer.

6 Entire contract. This document and all attached or incorporated documents contains the entire agreement between the parties and supersedes any previous understanding, commitments or agreements, oral or written. Further, this contract may not be modified, changed, or otherwise altered in any respect except by a written agreement signed by both parties.