Wedding Video Contract

Videography Contract

Event Date

First name

Last name

Partner First name

Partner Last name

Address

Hours of Coverage

Fees & Retainer

Clients shall reserve the time and date of services by signing and returning this Agreement along with a non-refundable, non-transferable reservation retainer equal to $500. No date is reserved until this Agreement is signed and retainer is received. The balance due for the videography services must be paid 30 days prior to the event date. In the event Clients fail to remit payment as specified, Videographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all final, edited film(s) to Clients. The charges in this Agreement are based on Videographer’s current pricing at the time of booking. The price list is adjusted periodically, and future bookings will be charged at the prices in effect at the time.

Coverage

Event coverage starts when Videographer arrives and the time ends when the booked number of hours have elapsed. Videographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional coverage hours may be added at a rate of $250 per hour by agreement prior to or on the event day, will be invoiced by Videographer, and must be paid in full before any videos or products are released to the Clients.

Cancellation or Rescheduling

If for any reason Clients cancel this Agreement more than 30 days before the event date, Videographer will keep the non-refundable retainer as liquidated damages, but Clients will not be responsible for any remainder due. Cancellation must be made in writing, signed by the contracted Party, and sent via email to contact@timmyvogel.com. Confirmation of receipt of notification email by Videographer must be obtained. If Clients fail to supply written cancellation as specified before the event date or cancels within 30 days of the event date, Clients shall be required to pay the full balance due. If for any reason Clients reschedule the event more than 30 days before the event date, excluding Force Majeure Events, and Videographer is able to rebook the original event date for the full fee under this Agreement or any amount above that fee, Clients will receive credit for all monies already paid. Rescheduling notification must be made in writing, signed by the Clients, and sent via email to contact@timmyvogel.com, pursuant to the Notice provision. Confirmation of receipt of notification email by Videographer must be obtained. Retainer credit may be applied only to Videographer’s services within one year (12 months) of original date, provided Videographer is available. In the event Videographer is not able to rebook the original event date under this Agreement, Clients forfeit the retainer in full. If Clients fail to supply written rescheduling notification 30 days before the event date, Clients shall be required to pay the full balance due. If for any reason Clients reschedule the event, Clients forfeit the retainer and must book Videographer’s services under a new contract and will be subject to Videographer’s current pricing at that time.

Clients Responsibilities and Exclusive Videographer

Unless agreed upon in advance, Vogel Films LLC shall be the exclusive Videographer retained for the event. Videographer may bring assistants at their discretion. Videographers and other vendors, as well as semi-professional videographers, must not obstruct or interfere with the official videography. Event guests may take photos and videos, but it is the responsibility of Clients to prevent family and friends from interfering with the Videographer's duties. If Clients hire a professional photographer, Videographer will endeavor to work alongside the photographer to the best of his/her ability. Videographer is not responsible for compromised coverage due to causes beyond his/her control such as other people’s camera or flash, the lateness of people, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiant. Videographer is not responsible for existing backgrounds, obtrusive objects, or lighting conditions that may negatively impact or restrict the videography coverage. Clients agree to confirm the day-of videography schedule four weeks prior to the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone or by email. If email is sent, confirmation of receipt must be obtained.

Delivery of Video, Editing, and Audio

Videographer will deliver final film and add-ons within 90 days of the event date. Videographer will contact the Clients if the delivery date needs an extension. Videographer reserves the right to edit and release only the footage that is deemed professional in quality and within Videographer’s standards. Videographer will only deliver high-resolution, edited .mp4 files to Clients and will only send original RAW footage to Clients if requested and approved by the videographer.  Clients understand that videography editing is limited. Videographer is unable to edit out blemishes, stains, guest interruptions, and other similar entities within video content. Clients agree to Videographer capturing the event as it unfolds and Videographer not liable for creating an alternate sense of atmosphere, including, but not limited to guest emotions, actions, weather, and backdrops. Videographer has the right to refuse to produce any video that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage, or property damage or destruction.  Clients understands that audio may be captured but, depending on quality and other interferences beyond Videographer’s control such as wind noise, DJ equipment, babies crying, etc., audio is not guaranteed to be included within the final film. Clients further understands that drone footage will not be captured.

Artistic Style

Clients have spent a satisfactory amount of time reviewing Videographer’s work and have a reasonable expectation that the video(s) delivered will be in a similar manner and style as indicated on Videographer’s website, social media, and galleries. Clients understand and agree that (1) Videography is a subjective art and Videographer has a unique vision, with an ever-evolving style and technique; (2) Videographer shall have final say regarding the aesthetic judgment and artistic quality of the video; (3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.  Clients understand and agree that Videographer will use every reasonable effort to take requested videos, but no specific video can be promised due to the unique nature of weddings and events. Any lists supplied by Clients will be used for organizational purposes only. Clients grant Videographer full production and creative license to film and edit the final video based on his/her style.  Clients understand and agree that Videographer has full creative control and will pair the video coverage with music. Videographer will take into account Clients’ music preferences but retains the right to final decisions on selection for the video(s), depending on the event style and feel and music licensing laws. Videographer will only use music that is properly licensed for the intended medium(s) or is public domain.

Editing Revisions

Clients will have one complimentary revision to give input and make changes to the final event video. This must occur within 2 weeks of delivery of the final event video. After the one-time complimentary revision or if the revision does not occur within 2 weeks, any additional revisions will cost $125.00 per hour.

Inclement Weather

If, in the opinion of the Videographer, inclement weather or other adverse conditions prevent the creation of a successful outdoor event to the artistic standards of Videographer, Videographer shall notify Clients within 24 hours of event time and will inform Clients of the implications of shooting video in light rain or inclement weather. In the event Clients do not elect to continue with an indoor event, Videographer will try his/her best to shoot the event to the best of his/her abilities but does not guarantee quality of video and will protect his/her videography equipment from rain, wind, and snow damage. Videographer is not responsible for coverage it is unable to  take due to weather implications and Clients will indemnify Videographer for any lost coverage due to weather.

Meals & Breaks

Clients shall supply Videographer and assistant(s) with a free meal during the regularly scheduled time of the meal at the event. No filming will be done at this time unless prior arrangements have been made with the Videographer. Clients will hold Videographer harmless for any moments or events that may be missed during mealtime.

Model Release

This Agreement serves as a model release giving Vogel Films LLC the irrevocable right to use the videos in all forms, in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Videographer can grant use of the videos to third parties and all compensation for use and credit for the images remain the property of Vogel Films LLC. Clients waive any right to inspect or approve the video(s), finished version(s) incorporating the video(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Clients, their legal representatives, heirs, and assigns.

Video Archiving

Upon receipt of video(s) via online or USB flash drive delivery, Clients accept all responsibility for archiving and protecting the video(s). Videographer keeps copies of edited .mp4 files for approximately 365 days but does not guarantee permanent archival of all digital files. Videographer is not responsible for the life span of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Clients’ responsibility to make sure that digital files are copied to new media and external hard drives as required. In the event Clients asks Videographer to unarchive video(s) and reupload or deliver online to Clients, and the video(s) are still retrievable by Videographer; there will be no unarchiving fee.

All video(s) taken by Vogel Films LLC are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17). Clients hereby waive any claims for ownership, income, editorial control, and commercial use of the video(s). Violations of this federal law will be subject to its civil and criminal penalties.

Venue and Location Limitations

Videographer is limited by the rules and guidelines of the location(s) and site management. It is the responsibility of the Clients to secure permission from the venue, church, synagogue, or other officials to film. Videographer will abide strictly by the rules and standards of the venue, church, synagogue, or owners regarding camera placement, audio capture, and site access. Clients agree to accept the technical results of the venue’s imposition on Videographer. Negotiation with the officials for moderation of guidelines is the Clients’ responsibility and Videographer will offer technical recommendations only.

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5-10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 15-30 days following Notice given by it, the other party may thereafter terminate this  Agreement upon Notice. The retainer and all other payments made by Clients up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Clients’ account and must be used within 24 months from the date of Notice of the Force Majeure Event.

Cancellation of Services by Videographer

In the event Videographer determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:  1. Immediately give Notice to Clients;  2. Attempt to find another competent professional to take its place with the mutual agreement of Clients;  3. If another competent professional is not available or Clients do not agree to transfer of obligations to said alternate professional, Videographer will issue a refund or credit based on a reasonably accurate percentage of services rendered; and  4. Excuse Clients of any further performance and/or payment obligations in this Agreement.

Maximum Damages

The sole remedy for any actions or claims by Clients shall be limited to a refund, the maximum amount not to exceed the total monies paid by Clients under this Agreement.

Limitation of Liability

If, during the videography event and/or before the videos are delivered to Clients, the event media has been lost or is unusable because of defect, damage, equipment malfunction, processing, or other technical error caused by Videographer or forces beyond the control of Videographer, Clients agree to hold the Videographer harmless and will not impose any additional liability. Liability for a partial loss of videos shall be prorated based on the percentage of total. Clients understand and agree that an entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and that no re-shoot will be available.  In no event shall Videographer be liable under this Agreement to Clients or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Indemnification

Clients additionally shall indemnify, release, discharge and hold harmless Videographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Videographer against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are incurred by Videographer/awarded against Videographer in a final, non-appealable judgment, administrative proceeding, or any alternative dispute resolution proceeding, arising out of any third-party claim alleging:  (a) breach or non-fulfillment of any representation, warranty, or covenant under/representation or warranty in this Agreement;  (b) any negligent or more culpable act or omission of Clients or their agents (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;  (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Clients or their agents (including any reckless or willful misconduct);  (d) any failure by Clients to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement; or  (e) the use of the likenesses of anyone captured in the videos or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the videos.

Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.

Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Douglas County, Nebraska. The Parties assume  responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Douglas County, Nebraska, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Douglas County, Nebraska, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Douglas County, Nebraska, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

I accept terms & conditions

Your Signature

Your Partner's Signature

Date of Agreement

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