Video & Editing Terms and Conditions

1. What do both parties agree to do?

Client: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give me everything I need to complete the project as in when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Consultant: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything you give me.

2. Coverage & Production

Video taken during the course of an event will be at the discretion of the videographer, although every effort will be made to comply with the client’s requirements. For a booking involving a ceremony or certain venues, the videographer’s movements are sometimes restricted by the official in charge. The area from which the Videographer is able to cover the ceremony may not be the videographer’s choice and I cannot accept responsibility for any obstructed view should this be the case. It is your responsibility to secure permission of the venue to set up video equipment and record, if applicable. Although Designs by Danielle will endeavor to fulfil the requirements of the agreed package, sometimes this may not be possible due to reasons explained within these Terms and Conditions.

I reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract. This person will work as a contractor for Designs by Danielle and will default to me and the Terms and Conditions that we have between each other for the contracted work. 

You acknowledge that videography requires reasonable lighting and controllable audio environments, and that production may be compromised if either of these cannot be achieved. In the event of the videographer being unable to attend the filming date due to illness, injury, etc. he/she will endeavor to provide or recommend to you a suitable replacement videographer / editor. The videographer shall not be liable to you as a result of not being able to perform any of its obligations due to reasons beyond its control. Including, but not limited to acts of God, fire, bad weather, flood, storm, acts of civil or military or government authorities, industrial action, war, terrorism, grounds of safety, or illness, or failure of third parties or the client.

In the event of equipment failure beyond the videographer’s control, including theft of equipment or material, the videographer is not liable for refund or compensation, but will try to appease you using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposits and booking fees.

The videographer reserves the right to cease filming or editing if situations arise that are unfit to continue, eg. grounds of safety, mistreatment, offensive or abusive behavior, or unacceptable working condition. In these instances, the videographer is not liability for refund or compensation.

Where the video shoot shall take place at your premises or a location designated by you, the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.

All reasonable expenses incurred by me or my contracted Videographer in shooting video on location shall be at your cost. Where possible, expenses will be pre-arranged with you and/or set out in the quotation. In the absence of prior notification of expenses the following rates shall apply:

• All mileage at 0.55 cents per mile

• Overnight stay $150 per person

• Daily subsistence $40

3. Video Project Duration

Any indication given by Designs by Danielle of a project’s duration is to be considered by the customer to be an estimation. I cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Designs by Danielle for the initial payment or by date confirmed in writing.

4. Photographs/Artwork

You should supply needed graphic files in a digital format and in as high of a resolution as possible, if applicable. If you’d like me to search for artwork for you (still photography, stock video, etc.), I can provide a separate estimate for that. I reserve the right to deny the use of any photos or artwork or video that are offensive or not in good taste.

5. Changes and Revisions

I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I'm happy to be flexible. 

You agree that changes required over and above the estimated work, or in addition to the agreed scope, or where you make changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

You also agree that I hold no responsibility for any amendments made by any third party, before or after a design is published.

You have the right to modify, reject, cancel, or stop any and all plans or work in process. However, you agree to reimburse me for all costs and expenses I incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. I agree to use my best efforts to minimize such costs and expenses.

Your payments are for labor costs, presentation media, and production of the completed video. Every effort is taken by the videographer/editor to provide you with an agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which the videographer or editor is not liable.

The project shall be made available for acceptance at agreed stages. At each agreed stage, changes to the video shall only be permitted to the extent that such changes are consistent with prior communication. Beyond completion of the final video, I will allow the ‘Three Hour Rule’. By this it is meant that any change or alteration to the final video that we deem will take less than three man-hours will not be charged.

Other than as stated above, changes to the initial contract or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:

• Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief;

• Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the video project;

• Changes that result from a significant change to the brief;

• Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.

6. Licensing

Any design, copywriting, drawing, idea, or video created for you by Designs by Danielle, or any of my contractors, is licensed for use by you on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Danielle Kays and any of its relevant sub-contractors.

All design and video work, where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Designs by Danielle will not be held responsible for any and all damages resulting from such claims.

I am not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. You agree not to hold me responsible for any such loss or damage. Any claim against Designs by Danielle shall be limited to the relevant fee(s) paid by the customer.

7. Source Files

Original raw footage (non-edited material) is the sole ownership of Designs by Danielle and is not intended for client viewing and is not part of the supplied finished package. Original material might be offered to the customer if the videographer is unable to produce the edited program. All material will be kept for at least one year from the date of the project.

Charges for video and editing work do not cover the release of my raw footage or source files, including but not restricted to indd, psd, AI, fla, aep, prproj, or other source files or raw code; if you require these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

8. Legal stuff

I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. 

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

9. Copyrights

First, you guarantee that all elements of video, text, images, music, or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. Then, when your final payment has cleared, copyright will be automatically assigned as follows:

• You’ll own the visual/audio elements that I create for this project. I’ll give you the finished files and you should keep them somewhere safe as I'm not required to keep a copy.You own all elements of text, images, music, and data you provided, unless someone else owns them.

• I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless I agree otherwise.

• You may request in writing from Designs by Danielle, the necessary permission to use materials (for which I hold the copyright) in forms other than for which it was originally supplied, and I may, at my discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid video, artwork, images, text, or other data is used.

• By supplying video, images, text, music, or any other data to Designs by Danielle, you grant me permission to use this material freely in the pursuit of the design.

• Should Designs by Danielle, or you supply a video, image, text, audio clip, music, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, but later appears to have copyright or royalty usage limitations, you will agree to allow me to remove and/or replace the file in the project.

• You agree to fully indemnify and hold Designs by Danielle (Danielle Kays) free from harm in any and all claims resulting from you in not having obtained all the required copyright, and/or any other necessary permissions.

• I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, social media, print media, etc.

10. Payments & Billing Schedule

I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. A 50% deposit is required prior to beginning work on your project. The remaining balance can be paid in installments as desired, with the final payment due prior to the release of your files. All prices are USD. 

For projects with multiple phases the same payment terms will apply to each phase. This means that phase one (1) would require a deposit and balance as would phase two (2) and so on. Designs by Danielle will invoice you at the time of the signed contract agreement which will act as the deposit. The remaining balances will be billed at the conclusion of each phase.You will supply me with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable). 

Any additional costs (such as external supplier editing fees) will be invoiced monthly and are due within 15 days.

You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 15 day payment terms. In the event payment is not made within 15 days, Designs by Danielle will charge a late payment fee of 10% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs I pay  for carrying overdue invoices from you. In addition, I reserve the right to stop work until payment is received.

11. Design Project Completion

I consider the design project complete upon receipt of your signed Approval form or signoff email. A short preview of the video will be shown to you; a viewing of the entire product is not necessary, but by paying your balance and taking a collection of the video, you are agreeing to the general picture and sound quality to be satisfactory. Other services such as display panel production, website uploading, publishing etc, either contracted or on your behalf, constitute a separate project and can be treated as a separate charge.

12. Period of Agreement & Notice of Termination

Our contract shall become effective as of date signed and shall continue until terminated by either party upon not less than 30 days’ notice in writing given by either party to the other.

TERMINATION FOR CAUSE

Either of us may cancel the contract if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.  

PAYMENT FOR NON-CANCELABLE MATERIALS

Any non-cancelable materials, services, etc., I have properly committed myself to purchase for your account, (either specifically or as part of a plan such as modules, photography/artwork, and/or external services) shall be paid for by you, in accordance with the provisions of our contract. I agree to use my best efforts to minimize such liabilities immediately upon written notification from you. I will provide written proof, upon your request, that any such materials and services are non cancelable.

MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by me or any services performed by me for which you have not paid me in full, until such time as you have paid me in full you agree not to use any such materials, in whole or in part, or the product of such services.

TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you to Designs by Danielle, I shall transfer, assign and make available to you all property and materials in its possession or control belonging to you. You agree to pay for all costs associated with the transfer of materials, if applicable.

VIDEO SHOOT PRODUCTION CANCELLATION

Dates for production are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to an amendment by you that results in a cancellation the following charges will apply where the cancellation notice is given or is caused:

• Within 7 days of shoot date – $100

• Within 48 hours of shoot date – 50% of daily shoot rate

• Within 24 hours of shoot date – 100% of daily shoot rate

13. The horrible small print:

Just like a parking ticket, you can’t transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the United States of America and Washington State.