| Wedding Videographer Contracts |
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| Written by Hank Castello | |||||
| Wednesday, 05 September 2007 | |||||
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We get frequent questions about contracts, so here's an article addressing this issue and actually giving you a sample contract to go by. Note that I am not a lawyer, nor have I played one on TV. This is not presented as a legal document, but as an agreement between you and your client so that both parties understand the relationship they are entering and what is to happen if such-and-such occurs. I present this, merely as a template for you to change as you see fit. We will not be responsible for any issues that arise due to your use of this template. Clients read your contract BEFORE they pay their deposit (if you're doing things legitimately) therefore this is nearly as much a sales instrument as a "contract". Would you have a lawyer write your marketing stuff? You may want to have your attorney look your contract over, but I wouldn't let him write it. By the way, when communicating with your client, never call this a "contract". Call it an "agreement". Sounds much less scarier. I've seen things in other agreements like, "Client agrees to reserve a parking space for videographers...", and "Client agrees to provide meals...". In my opinion, such issues are petty and unprofessional. First off, I don't believe in eating meals at weddings. We are "hired help", not guests. Secondly, if you can't figure out how to get yourself and gear into the venue and park your car, you don't need to advertise the fact in your agreement. I've added some musings in square brackets and blue font. You'll want to be sure and remove those if you copy this document and replace "Your Company Name", the address, phone numbers, etc. Comments? Suggestions? Please post on our forum: Wedding Videographer Contracts Also, see "Better Videographer Contracts" - elsewhere in our Articles section. ================================ Template for Wedding Videographer Contract ================================= WEDDING VIDEO AGREEMENT Bride: ___________________________________________________ Groom: ________________________________________________________ Address After Wedding ____________________________________________ Rehearsal Date: _________________________ Ceremony Location: _____________________________________________
"Your Company Name" shall be referred to as “Studio” within this contract. TIME Official time begins upon commencement of shooting (bride’s preparations, etc.), or one hour prior to the scheduled ceremony (when we setup our cameras, microphones, etc.), whichever is earliest, and time shall run continuously until departing the event location. [As with other items, you may prefer to handle start time differently than this. The important thing is to write it out and have it understood.] CANCELLATION In the event of a postponement or cancellation of this contract, so long as a minimum of thirty days notice has been given to Studio, the deposits paid may be used for any future event up to one year past the date of this contract, providing Studio has no other obligations for the future date. After that time, all deposits will be forfeited to Studio. If Client gives less than thirty days notice of cancellation or postponement, a $250 Cancellation Fee will be charged plus trip fees, if any trips have already been made. If event is cancelled after Studio arrives at location on the date of the rehearsal or event, the deposit and payment of first half of total fee will be considered “earned”, but the last half of total (if already paid) will be refunded. [Things happen. If you don't specify how this will be handled, the client may expect a full refund, even though you are now left with an open weekend.] CHANGES The Client has had opportunity to critically view samples of the Studio’s video work and has retained the Studio as the exclusive official videographer to cover this event. The Client grants Studio full production and editorial control regarding all aspects of this production and postproduction. [I've never had to resort to pointing this paragraph out, but it is my final line of defense against a long list of unreasonable change requests. Note also, that such changes are limited (below) to one hour.] Client may request one set of changes, upon receiving his approval copy. If such changes require more than one hour of editing time, such extra time shall be billed at $99 per hour. Such changes must be requested by email or other written form, within 72 hrs of receipt of approval video. [The 72 hours is for three reasons: first, the client may forget about it for a week or more, if we don't limit them. Second, the more time they have to think about it and talk with friends, etc., the more frivolous changes they may think up. Third, even with over a terrabyte of harddrive space, when you're doing a wedding every weekend, you need to get the files off your computer quickly.] Studio takes utmost care with respect to the exposure, sound capture, editing, duplication and delivery of the video products and services offered. However, in the event Studio fails to comply with the terms of this contract due to any event or act, the Studio’s liability is limited to the refund of monies paid to Studio. [A court isn't likely to let you off the hook this easy, if you lose all your tapes, but it's a bit of psychological ammo that may help you negotiate an amicable compromise, if things go arry.] PRODUCTION MATERIALS The Studio must receive photos, invitations, music, checklists, and any other materials required for the completion of the production by wedding day. Production may proceed without such materials if not supplied by this time and Client agrees to accept the necessary changes in the production as a result. [I know a videographer who waited a year for these materials, having to keep about a hundred gigabytes of AVI files on his computer the entire time, because he didn't have this clause!] RIGHTS Client warrants that he/she has the legal rights to anything the Studio will videotape, including photos, music or other materials supplied by the client for use in this video, and that use will be limited to viewing by friends and family. Studio reserves the non-exclusive right to use the original video tape and/or reproductions for display, promotion, publication or any other purposes, and gives same rights to client. If client prefers exclusive rights, he agrees to pay an additional fee of $500 before the wedding date. [Many videographers retain exclusive rights, but I really think this is unfair and is taking advantage of clients who may not be knowledgeable about such things. After all, if a client wants to make some copies for some of his friends, there is no way you could enforce exclusive rights anyway, so why not be a "good guy"?] Studio reserves the right to remove themselves and all equipment at any time there appears to be a potential danger to themselves or equipment (belligerent or intoxicated people; hazardous fireworks; careless discharge of firearms; etc.). No refund or other consideration shall be given in such cases. Also, Studio agrees to work only in non-smoking environments. [You may wish to word this differently, but do take into account which situations you might have to pack up under and state them.] For outdoor weddings studio utilizes proper equipment to reduce wind noise (fur muffs) and utilizes camera rain covers in the case of a drizzle or light rain. However, Studio reserves the right to immediately remove all equipment to an indoor location in the event of weather that may be hazardous to equipment or persons like lightning, strong wind, hard rain, etc. No refund or reduction in price shall occur in this event but, hopefully, the event would be moved indoors where video could be continued. TRAVEL There is no travel fee within the State of Oklahoma and certain areas near the State border, such as Ft. Smith, AR and Wichita Falls, TX, for the purpose of attending rehearsal and the wedding day, if the wedding day immediately follows the rehearsal date. This means that, for most weddings in the State of Oklahoma or in some surrounding areas, there is never a travel fee unless extra trips are requested. For all other travel, a mileage fee of fifty cents per mile for each trip made by Studio will be charged and immediately payable by Client for every mile outside of a fifty mile radius from Eufaula, Oklahoma. Travel for location weddings must be agreed upon and included in a written addendum to this agreement. DESCRIPTION Wedding Packages: Time begins 1 hour before ceremony or at start of preparation or photo session coverage, whichever is earlier. We attend rehearsals (1hr) at no charge, if they are held the day of or the day prior to the ceremony. You will receive eight beautifully edited wedding DVD's or VHS videos - your choice. Extra copies are just $20 each, special set of 10 DVDs, $149, set of 30 DVD's, $299. VHS available at same prices. Purchase the full set of original mini DV tapes (raw footage) for just $299 ($599 if you prefer them on DVD or VHS.) A master DVD, scratch-resistant, copyable and made to last for decades is $49. (Above prices subject to change, please check website.) [Be sure to remember to make applicable changes here whenever you change rates, plans, etc. on your website.] Package & Options Chosen: **If rehearsal dinner is chosen, please provide time & location detail below:
TOTAL FEE __________________________ PAYMENT: One half of the balance of the video fee (after deposit) must be received no less than one week prior to the rehearsal. For instance, for a $1799 wedding plan, if a $99 deposit has been paid, half the $1700 remaining balance ($850) must be paid at least 7 days prior to the wedding rehearsal or earliest shooting day (if earlier), else the reservation shall be considered cancelled without further notice. The final balance is due within one week of review of the final edited video. We cannot keep huge video files on our computer longer than ten days from the time we send your approval copy, so if changes are requested after that time, extra editing charges will apply.
If yours is an outdoor wedding, please check this box: [ ] Please ask us about hi-def coverage, if interested.
We agree to the terms and conditions above and further agree to give non-exclusive rights to this video to Your Company Name, to reuse in promotion of their business or in any way they see fit, in any format or media that currently or may eventually exist, however we retain the rights to also make copies and use this video in any way we see fit. _____________________________________________ _____________________________________________
_____________________________________________ _____________________________________________ [We often don't get signed copies until rehearsal. The most important thing (in my opinion) is that they've downloaded and read the agreement before paying their deposit. Actually getting the signed copy is important but not urgent, so long as they've read it.] We will send you a link to our online info form within thirty days of your wedding date, or soon after your registration, whichever is later. Please mail a signed copy of this agreement to:
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| Last Updated ( Saturday, 19 January 2008 ) | |||||
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