Ken Lehman Productions 737 Sunseeker Drive, Wilmington, NC 28411 (516) 244-8786 kenlehman85@yahoo.com www.kenlehmanproductions.com Definition of Terms WEDDING VIDEO AGREEMENT Client individual seeking videography services Videographer(s) Ken Lehman Productions (KLP) The Event occasion for which KLP is hired to provide videography service Description of Services The scope of services that Ken Lehman Productions (KLP) provides includes documenting the events of the wedding day to the best of our ability for [Clients full name], KLP's Client. The video footage used in the final video has been included at the discretion of KLP. KLP is not liable for video footage not included in the final video if not indicated in the wedding video questionnaire sent to the Client before the wedding date. The Client grants KLP full production and creative license to film and edit the final video based on their style without the option for a re-editing request by Client, unless there are obvious errors with video playback or contains grammatical errors. Requested edits by Client to the final video are subject to approval by KLP and a fee of $100 per hour. The Client understands that this package is subject to having a separate videographer other than KLP s primary videographer/owner, Ken Lehman at their event unless purchasing a package where the videographer is only Ken Lehman. The Client also understands that our associate videographers are trained and/or experienced in filming of weddings and events. If time permits, Client will be provided with the opportunity to accept or decline the substitute Videographer prior to the Event. In such case that the Client declines the substitute Videographer, the Client may instead elect to terminate this agreement and receive a refund of the fees paid to Videographer, minus the value of any services rendered. It is understood that KLP is the exclusive official videographer and all others videotaping may do so only at the discretion of KLP. If the CLIENT contracts with another person or entity to videotape any portion of the event, KLP has cause to discontinue coverage and no monies will be refunded; or the CLIENT will be charged an additional $300 per hour for each videographer present not associated with KLP. Videographer(s) and staff shall be provided with a meal at the reception and allowed reasonable time for eating. No videotaping will be done at this time unless prior arrangements have been 1
made with KLP. If a meal is being served, the same meal will be provided for the Videographer(s). Such meals need to be provided for the Videographer(s) during the mealtime, leaving the Videographer(s) with enough time to eat before shooting begins. KLP is not liable for any impromptu events happening during dinner in the case that Videographer(s) are not seated in the same room as the guests. This allows KLP to fully be present and not have to exit offlocation between the ceremony and reception. It is the responsibility of the Client to secure permission of church, synagogue, or other officials to videotape the ceremony. The payments rendered are non-refundable if such officials, rules or regulations prevent videotaping. KLP will adhere to the rules and standards of the church or synagogue, regarding camera placement at ceremony. Cooperation The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. If KLP feels that a non-professional or hostile discrepancy has taken place, which cannot be resolved with the proper cooperation and communication, then the signed contract becomes null en void, regardless of the time constraints, and the deposit becomes refundable, and as a result, KLP will be under no further obligation to the Client. The Videographer will not be held accountable for not filming desired people if there is no one to assist in identifying people or gathering people for shots. KLP is not responsible if key individuals fail to appear or cooperate during video sessions or for missed shots due to details not revealed to KLP. The Client agrees that a live event of substantial time length cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits the ability to the amount paid under this contract. Some limitation may apply if necessary footage is not available or provided. Participant Notification The Client agrees to provide general notice to all participants that they will be filmed. With this notice, and by virtue of their attendance, all participants acknowledge and give permission for the use of their images, voices and likenesses by KLP. Rights KLP warrants that the Client has retained the legal rights to anything KLP will film, including photos, art, audio, music, and any other elements used in the Client's media. The Client agrees to insure and hold KLP harmless for any loss, damage, or liability for infringement of any rights arising from the use of media. The Client assumes all responsibility for obtaining any necessary permission, clearance permits, access to, hook up fees, and admission, which may be required to film. The media is for their use only, and the Client assumes full responsibility and liability for any public performance or display of the media. 2
Compensation and Fees An initial retainer payment is due at the execution of this Agreement, which will be applied to the total package price amount. Videographer s payment schedule is as follows: half of the total price is due at the time of signing and the remaining balance of the total package price is due two (2) weeks before the Event. Any a la carte choices made after the initial contract signing and package purchase shall be paid immediately. The specific amount due to The Videographer(s) for services is specified in Exhibit A, and reflects all services agreed on by The Client and The Videographer(s) for The Event. The amount due shall be paid in full prior to delivery of any part thereof. Copyright, Usage and Archiving KLP reserves all rights to the video production and may use original and/or duplicate video product(s) for demonstration, publication, or other purposes. Original video product(s) and copyrights remain the exclusive property of KLP. UNAUTHORIZED duplication and/or reproduction of this video are a violation of federal copyright laws and are STRICTLY PROHIBITED. KLP shall be liable for archiving videos made at The Event for a period of 12 months after the date of The Event. The Videographer(s) shall not be held liable for archived video lost due to acts of war or terrorism, or natural disasters. After completion of video, KLP will master the video to a digital HD video file (in High Definition) for archiving and for re-formatting to future media in the years to come. Once delivered, KLP is not liable for destruction or damage of links, drives or discs owned by Client in addition to master file on our local servers in the event of a catastrophe. It is the responsibility of the Client to back-up any form of wedding video they receive or purchase the master file from KLP. Product Pricing and Order Fulfillment The target date for completion and delivery of final video product is five (5) to seven (7) months after the date of The Event, (if a fully completed questionnaire and all song choices have be given to KLP) [event date]. KLP will strive to complete the final video product(s) well before this time frame, but is not held liable before this target date. The total cost to the Client amounts to the amount stated below in Exhibit A, which provides a detailed breakdown of what exactly the Client is paying for (i.e. package, enhancements, travel expenses, PayPal expenses, etc.). Client will receive a link(s), portable drive(s) or optical disc(s) (DVD / Blu-Ray) of the final video product(s). Additional DVD copies can be purchased for $40.00 each. Additional Blu-Ray copies can be purchased for $60.00 each. Upon the Client s signature, KLP reserves the time and date agreed upon, and will not make other reservations for this time and date. For this reason, a non-refundable retainer by cash, check, or PayPal must be received before KLP can reserve the Client s date. The remaining balance must be paid no later than two (2) weeks prior to the wedding date by cash, check, or PayPal. KLP cannot begin filming until balance is paid in full. Should the Client not pay the 3
balance due two (2) weeks prior to the service date, the Client's retainer will be forfeited and KLP will be under no further obligation to the Client. Travel Expenses For filming inside the Wilmington, NC city limits, KLP requires no travel expenses. However, for filming outside the Wilmington, NC city limits, KLP requires a travel expense of one dollar ($1.00) per mile driven. Any wedding 75 miles away from Wilmington, NC is subject to 1 night hotel stay for videographers to be purchased by [Clients full name] and any wedding 150 miles away from Wilmington or more require 2 nights hotel stay for videographers to be purchased by [Clients full name]. KLP will book Videographers travel accommodations. KLP will consider options offered by Client as long as Client provides these options to KLP at the time of booking KLP for the Event or within 30 days of booking KLP for the Event. Parking fees (valet or self parking), for each Videographer s car will be charged to the Client are not included in any package or enhancement. The Client accepts that all travel expenses are additional expenses and not included in any package or enhancement. Thus, as indicated in Exhibit A, the Client is responsible for payment of all travel expenses. Cancellation and Rescheduling If Client herein cancels the wedding video services for any reason, any fees paid at the time of cancellation (even if the balance is paid in full) are NONREFUNDABLE. If The Event is cancelled, The Client must notify The Videographer(s) of his/her desire to cancel the contract, and upon receipt of that information KLP will provide Client with a KLP cancellation form. This cancellation form must be filled out in its entirety and sent to KLP by certified mail, return receipt. If Videographer cancels the contract due to illness, non-compliant Client (Client violates any terms of the Contract), or incompatibility between Client and Videographer, Videographer may refund all or a portion of the fees already received. Any fees paid for services/products already completed will not be refunded. Any failure to make timely payments may result in cancellation of this contract by Videographer. KLP will make every attempt to provide notice to Client before cancellation occurs. If the event date is changed to a new date within one year and KLP is available on the new date, KLP will shoot on the new date and apply the retainer to the new date. A new contract must be written for the new date and the Client will be charged a $500 rescheduling fee. If KLP is not available, KLP will refund the Client 's money less the non-refundable retainer and rescheduling fee and the Client must notify KLP immediately in writing. 4
Limitation of Liability If KLP is unable to perform the services agreed upon for whatever reason, other than an act of God (i.e. inclement weather, unforeseen emergencies), we will refund the total amount of investment agreed upon and received in monetary payment. KLP is not held liable for emotional damages in the event that we are unable to perform services agreed upon. KLP is not liable for a cancellation of outdoor wedding due to inclement weather. In circumstances beyond KLP s control where videographers hired will not be able to attend reserved wedding date, such as an illness or family emergency, Client agrees to allow KLP to recommend and secure Client another videographer. This is the extent of KLP s liability. While every reasonable effort will be made to produce and deliver outstanding video of The Event, The Videographer(s) entire liability to Client for any claim, loss, injury or damage arising or relating to this Agreement or the performance hereunder of any Videographer(s) herein, including the negligence of said Videographer(s), is limited to a refund to The Client of the amount paid for services. Client is not entitled to any additional compensation or relief outside of the amount paid for services, including but not limited to emotional damages or any other equitable remedy, and by signing below Client acknowledges the waiver of any claim of action seeking damages above and beyond a refund of the amount Client paid to Videographer for services. Waiver of claims seeking damages beyond refund of fees paid to Videographer. KLP takes the utmost care in producing the CLIENT's media. In the unlikely event that a problem arises and KLP is unable to provide any media, all monies paid will be refunded. KLP s liability is limited to the refund of the money paid. KLP is not responsible for loss of media quality due to restrictions at locations or general obstructions. KLP does not guarantee any particular shot, effect or special request. In the unlikely event that the Client or a guest of the Client damages KLP s equipment, the Client assumes financial responsibility for the damages of the item(s). KLP has full business liability insurance. Due to the uncontrolled nature of The Event, The Videographer(s) cannot guarantee delivery of any specifically requested video footage except for video recordings made under such conditions that The Videographer(s) have complete control over all variables which contribute to the production of a video, including but not limited to, lighting, audio, subject position and distance to camera. Additionally, The Videographer(s) cannot guarantee the total running time of the finished product since it is dependent upon the activity during the event (i.e. the less activity, the less video captured) and is therefore unpredictable. The Videographer(s) have 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. Additionally, The Videographer(s) cannot be responsible for the effects of the subjects' physical appearance, including body position, facial expressions, verbal stuttering, blinking or clothing. The Videographer(s) cannot 5
be responsible for the effects of environmental conditions, including, but not limited to, weather conditions, temperature, existing lighting or aesthetics of the shoot location. Agreement This Agreement incorporates the entire understanding of the Client(s), [Clients full name] and the Client(s) agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties and Clients involved. Any modifications of this Agreement must be in writing in the form of an Addendum on a separate sheet of paper and signed by all parties. Handwritten modifications to this agreement shall be void. The Client signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the State of North Carolina shall govern this Agreement. What is in writing in this agreement between KLP and the paying Client is the only agreement under law. No oral or written agreements outside of this document are legal and binding. Breach of Contract If either party breaches any other term of this contract, any compensation is limited to the value of the total package price, unless otherwise indicated. A breach shall be defined as the failure of either party to fulfill the terms of this agreement. Choice of Law This is a North Carolina agreement and shall be governed by the laws of the State of North Carolina. Time is of the essence with respect to the Client s obligations hereunder. If any dispute arises in connection with or relating to the Agreement or relating to a claim which arises hereunder, then the parties agree that it shall be heard in New Hanover County, and the parties waive any defense of personal jurisdiction or lack of venue and consent to the personal jurisdiction of the said courts. Severability If any part of this Agreement shall be held to be unenforceable, the rest of this Agreement shall remain in full force and effect. Attorney s Fees In any action taken to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys fees, cost and expenses. Acknowledgment Each party acknowledges that he or she has had an adequate opportunity to read and study this Agreement, to consider it, to consult with attorneys if he or she has so desired. This Agreement incorporates the entire understanding of the Parties, and the Parties agree to all 6
its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties. The Client signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. Client Information (please print clearly) EXHIBIT A Client Name: Address: Phone Number: Email Address: Event Information (please print clearly) The Event shall be defined as (Event Name) Date of Event: Event Time(s) & Location(s): (Ceremony Time & Location) (Reception Time & Location) Personnel Assigned The coverage includes the work of [personnel assignments] ("Personnel") including preparation, ceremony, reception and formal shots, when such events fit within the span of coverage included in the package. Assistants retained by The Videographer(s) (also "Personnel") may be present and videotaping at The Event. Assistant videographers may have the responsibility to shoot certain assignments at The Event at the discretion of The Videographer(s). The Videographer(s) shall provide no more hours of coverage on the date of The Event than the number specified in Exhibit A, "Included Products." Coverage by all Personnel shall be concurrent. 7
Included Products [Package description and contents] Pricing and Payment Policy The total cost for the above services and product(s) is [package price] (US Dollars). This amount includes travel expenses. Payment(s) shall be due at the following time(s): [payment schedule]. Payment(s) made before The Event date shall be defined as "Retainer(s)" and are non-refundable upon cancellation of The Event, but may be re-applied subject to availability if The Event is rescheduled. Canceled Events must be rescheduled within 60 days of notice of cancellation in order to re-apply retainer(s). If The Event is canceled, The Client must notify The Videographer(s) in writing that The Event has been canceled. Otherwise, The Client shall be responsible for the payment schedule as set forth above. Rescheduled events shall be subject to standard pricing in effect on the date to which the event has been rescheduled, and any pricing changes shall be documented in a separate addendum. Additional coverage, not included herein, will be billed separately at the time of purchase. Any discounts will be applied at the time of purchase. Finalization of Agreement By signing, the Client certifies that they have read and agreed with all the pages of this contract and agree to the terms, limitations, and conditions within. CLIENT DATE KLP DATE Please sign this agreement and return it to KLP with the retainer. KLP will sign it and send you a copy and confirmation. 8