This Agreement is made and entered into by and between Kyle S. Frager d/b/a Frager Productions, its employees and subcontractors (hereinafter referred to as “COMPANY”), and CLIENT named below for wedding videography services.
1. ENTIRE AGREEMENT:
This Agreement contains the entire understanding between COMPANY and CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add to or amend this Agreement is to do so in writing, signed by all parties. Any agreement to waive one or more provisions of this Agreement or 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.
2. SCOPE OF WORK:
COMPANY will provide videography services on the wedding date, time and location(s) listed under “Event Details” on page 1 (hereinafter referred to as “the Event”), with the following inclusions depending on which box(es) are selected below:
[ ] Standard Cinema Package:
- Up to 10 hours of coverage with matched quality 4K professional cinema cameras. Video coverage starts at the start time listed under “Event Details” on page 1 and ends 10 hours after.
- The finished product will be as follows:
- Video 1: A cinematic recap film with accompanying music. The video will include highlights from the wedding, and the approximate total run time will be the combined length of the music chosen (see Section 3). Video will be delivered approximately 3 – 4 weeks after the Event.
- Video 2: A separate video of the wedding ceremony in its entirety. Video will be delivered approximately 3 – 4 weeks after the Event.
- Video 3: A separate, 60-second recap video with accompanying music formatted for Instagram (1:1 aspect ratio), delivered approximately 3 – 4 weeks after the Event.
[ ] Custom Package:
CLIENT understands that delivery times mentioned above are estimates only and not an actual guarantee. Actual delivery times will depend on COMPANY’s workload. COMPANY, at its own discretion, will deliver the finished product to CLIENT either digitally via a cloud service (i.e., Dropbox) or on a physical hard disk via certified US mail. All services provided under this Agreement will be considered fully rendered as soon as COMPANY notifies CLIENT that the video files are available to download on a cloud service or when the postal carrier confirms delivery of the hard disk drive, depending on the delivery method COMPANY chooses.
Unless otherwise specified above, all unedited video & audio (“raw footage”) from the Event is not included under this Agreement but is available for purchase separately.
3. MUSIC LICENSING
COMPANY licenses all songs used in its videos to give credit to the artist(s) who produced them, using the website Musicbed. COMPANY will include up to 2 licensed songs of its choosing from Musicbed in the Standard Cinema Package. CLIENT understands that any music not available for purchase with a “Wedding Use License” from Musicbed may not be used in the finished video.
A signed (digital) contract and retainer fee (see Section 15), payable online only, are required for COMPANY to reserve the dates and time(s) of the Event. If the Event is cancelled, rescheduled or postponed for any reason other than those set forth in Section 14, COMPANY will make a reasonable attempt to accommodate the new date (if applicable) depending on its availability. Ultimately, COMPANY reserves the right to terminate its obligation under this Agreement if the Event is rescheduled, postponed, cancelled, or if there is a breach of contract by CLIENT. In any of these situations, all payments made by CLIENT up until the moment of termination, including the retainer fee, are non-refundable and shall become liquidated damages to COMPANY. CLIENT shall also be responsible for payment for any of COMPANY’s materials and/or charges incurred up to the time of cancellation. CLIENT understands that ANY payments made to COMPANY become non-refundable upon receipt by COMPANY, with the exception of certain occurrences set forth in Section 14.
All videos produced under this Agreement by COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without COMPANY’s explicitly written permission. Upon final payment by CLIENT, limited online sharing rights will be transferred to CLIENT for personal use. CLIENT is not to alter, change, or edit videos provided by COMPANY under this Agreement in any way whatsoever. Any video produced by COMPANY under this Agreement may not be entered into a contest or blog, nor be published or uploaded onto any online video hosting platform, other than CLIENT’s personal social media accounts, without written approval by COMPANY.
6. EVENT SCHEDULE
CLIENT agrees to confirm the schedule one-week prior to the Event. Notification of any changes in schedule or location must be made in a timely manner and written confirmation of receipt must be obtained from COMPANY by the CLIENT.
7. SHOOTING TIME / ADDITIONS
CLIENT and COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. Tardiness of the bride, groom, or any other attendee of the Event will not affect the agreed upon start and end times. All additional time beyond the scheduled end time will be billed to CLIENT.
In order to provide the best possible service for CLIENT, COMPANY shall be the only professional videography service provider at the Event. COMPANY may request CLIENT’s intervention if a guest impedes COMPANY’s ability to film the Event.
COMPANY is not responsible for compromised coverage due to causes beyond its control including, but not limited to, obtrusive guests, lateness of the bride, groom, or guests, weather conditions, schedule complications, incorrect addresses provided to COMPANY, rendering of decorations, or restrictions of the locations. COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the video coverage. COMPANY is not held liable for missed coverage of any part of the Event. COMPANY will not be held accountable for failure to deliver video of any individuals or any objects at the Event. CLIENT is responsible for informing guests not to use flash photography during the ceremony as well as informing guests not to block the aisle or videographer in any form or fashion during the the Event as covered by COMPANY. COMPANY is not responsible for any video missed due to unruly or uncooperative guests.
10. VENUE & LOCATION LIMITATIONS
COMPANY is limited by the rules, guidelines, and laws of the location(s), site management, and governing authority; CLIENT agrees to accept the technical results of their imposition on COMPANY. Negotiation with any officials for moderation of any such rules, guidelines, and/or laws is CLIENT’s responsibility; COMPANY will offer technical recommendations only.
11. MEAL BREAKS
COMPANY will not video the Event while food or drink is being served and consumed by attendees of the Event. It is not the style of COMPANY to take video during this time. During this time, COMPANY will recharge batteries, make personal calls and have down time as the bride, groom and guests enjoy their meals. CLIENT will provide COMPANY with a warm meal of like kind served to guests at the Event. COMPANY will eat at the same time as the wedding party to ensure no key moments are missed. COMPANY will take personal breaks as needed during “down-times” while the Event continues. The breaks will be short, within 5–10 minutes, depending on the nature of the break which is needed.
Some venues may require a photography and/or videography permit. If applicable, the cost of any such permit will be CLIENT’s responsibility. COMPANY’s fee (see Section 15) does not include the cost of any applicable permits. Ultimately, it is CLIENT’s responsibility to make sure all applicable permits are secured prior to the date of the Event. CLIENT agrees to indemnify COMPANY for any and all costs associated with photography and/or videography permits.
13. PHOTOGRAPHY RELEASE
Federal, state and local privacy laws limit or outright prohibit photographing or filming individuals in certain settings without permission, especially at private events that are closed to the general public where a certain amount of privacy is expected. Therefore, prior to the Event, it is CLIENT’s responsibility to notify ALL individuals who will be present at the Event, including, but not limited to, the bride, groom, guests, venue staff, and vendors, that COMPANY will be video recording the Event, and that individuals present at the Event may appear in the finished videos and/or any of COMPANY’s publications — including, but not limited to, COMPANY’s website, promotional videos, and advertisements — without compensation. CLIENT agrees to indemnify, defend, and hold harmless COMPANY from and against any loss, cost, or damage of any kind arising out of any individual appearing in COMPANY’s videos and/or other publications without consent.
14. FORCE MAJEURE, SAFE ENVIRONMENT, & LIMIT OF LIABILITY
- If either party believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 14.iii), national or regional emergency, other casualty, act of God, anything beyond the control of the parties, or illness or injury, whether or not foreseeable (“Force Majeure Event”), then the party so unable to perform may terminate this Agreement upon written notice to the other. Both parties shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but COMPANY may, at its own discretion, work with CLIENT to find an alternative date for the wedding that is suitable to both parties. If the parties cannot agree on a suitable replacement date consistent with COMPANY’s availability, COMPANY shall have no further obligation to perform under this Agreement and COMPANY shall refund all payments made by CLIENT, less the retainer and amounts necessary to cover expenses and work already performed by COMPANY related to the Event, including, but not limited to, pre-planning communications, development of timelines, and preparation of gear. In the case of any Force Majeure Event, COMPANY shall have no additional liability to CLIENT with respect to this Agreement beyond that described in this section and below.
- In the case of a Force Majeure Event that impacts any of COMPANY’s videographers individually, but does not otherwise impact the Event, to the point that COMPANY is unable to reasonably fulfill its obligations under this Agreement, including, but not limited to, an illness or injury to the videographer unrelated to the Event, COMPANY shall refund all payments made by CLIENT.
- CLIENT understands that COMPANY, including its videographers, works to maintain a safe work environment, including but not limited to complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). CLIENT further understands and agrees that COMPANY shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or if the videographer’s participation in the Event would violate a Governmental Order. CLIENT also understands and agrees that COMPANY is not obligated to continue to perform under this Agreement if the videographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue or the conduct of an attendee. In any of these circumstances, COMPANY shall refund all payments made by CLIENT, less the retainer and amount necessary to cover expenses and work already performed in relation to the Event.
- CLIENT understands that COMPANY uses sensitive equipment that is not designed to be used in adverse weather conditions, including, but not limited to, rain, snow, hail, and extreme heat. In the event of adverse weather conditions, COMPANY may, at its own discretion, limit or even outright terminate its duties under this Agreement. If COMPANY chooses to terminate this Agreement due to adverse weather conditions:
- COMPANY shall refund all payments made by CLIENT, less the retainer and amount necessary to cover expenses and work already performed by COMPANY prior to termination of this Agreement,
- COMPANY shall have no further obligation to perform under this Agreement, and
- COMPANY shall have no liability for failure to perform.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond COMPANY’s control, including, but not limited to camera, hard drive, or equipment malfunction, COMPANY’s liability is limited to the return of all payments received for the Event. The limit of liability for a partial loss of digital files shall be a prorated amount based on the percentage of the footage that is lost. COMPANY is not liable for the loss of digital files beyond the final delivery of all products included in this Agreement or one year, whichever is less.
The total cost for the work produced under this Agreement is __________. Tip is not included in the service fee but is always appreciated. This Agreement between COMPANY and CLIENT shall not become effective until it is signed by both parties, and the retainer has been paid. At the time this Agreement takes effect, COMPANY shall reserve the date and time(s) agreed upon, and not make any other reservations or accept any other clients for the same date. For this reason, in the event that CLIENT terminates this Agreement for any reason other than a Force Majeure Event defined in Section 14, all payments made up until the moment of termination shall be retained by COMPANY in order to offset its loss of business.
- A retainer of __________ will be due within 1 week of signing this Agreement.
- Remaining balance of __________will be due 1 week before the Event.
All payments shall be made via the link in COMPANY’s email invoice(s) or via Venmo.
16. REFUNDS & RESHOOTS
Refunds and re-shoots of any kind are NOT granted in wedding video coverage due to the customized nature of the Event, with the exception of certain occurrences set forth in Section 14. CLIENT understands they are paying COMPANY in full for the videographer’s time and talent. CLIENT has viewed samples of COMPANY’s work prior to booking and agrees that they are satisfied with the type of work that COMPANY performs.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in weddings and contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
If any provision of this Agreement is declared unenforceable or invalid by a court of law, the remainder will continue to be valid and enforceable.