This agreement (“Agreement”) constitutes a binding contract for videography services and/or products. By signing this Agreement, the clients, identified in the contract form (collectively referred to below as “Client”) agrees to pay Paros Films LLC for the services and/or products provided by Paros Films LLC at the price set forth on the invoice. The following terms and conditions shall also apply to Client’s engagement of Paros Films LLC:
1. EXCLUSIVITY: Paros Films LLC shall be the only videography service provider retained by the Client for the event identified on the invoice of this Agreement (referred to below as the “Event”). Family and friends of Client shall be permitted to videotape the event, for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s duties. If, in the opinion of the assigned videographer, such person or persons are inhibiting the videographer from performing his or her duties, Client shall require the person interfering with the videographer to stop all further videotaping.
2. VIDEOGRAPHER: Paros Films LLC shall assign a videographer from its staff exclusively for Client’s Event. If necessary, assistants to such videographer shall attend the Event. Paros Films LLC reserves the right to change any initial assignment and substitute another staff videographer at any time due to illness. Due to the length of time required to videotape the Event, Client agrees to provide the videographer and any assistants with a meal during the Event. Paros Films, LLC to provide Client with notice whether an assistant will be used ten days prior to the event so that a meal may be arranged.
3, A. ILLNESS: Paros Films LLC shall assign a videographer from its staff exclusively for the Client’s Event. Paros Films, LLC shall have a substitute videographer designated in the event that the assigned videographer is physically unable to perform his or her services at the Event. In the event of any unanticipated videographer illness where both the assigned videographer and the designated substitute videographer are disabled by illness, Paros Films LLC shall make reasonable efforts to substitute another competent professional and shall communicate with Clients so that the Event may proceed with a videographer. If another videographer cannot be assigned in time for the Event, Paros Films LLC shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement.
3, B. UNEXPECTED EVENTS: Neither Paros Films LLC nor the Client will be held liable under any circumstances if the Event is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of either party. Paros Films LLC shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement. Paros Films LLC reserves the right to decline outdoor videotaping in the event of inclement weather which in its judgement constitutes a hazard to life and safety of its employees and contractors. Client is responsible for providing an alternate nearby location in the event of inclement weather.
4. LIQUIDATED DAMAGES: Client and Paros Films LLC recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual damage in the event of a breach on the part of Paros Films LLC resulting in damage to or loss of videotape footage or photographs resulting from the negligence or unintentional conduct of Paros Films, LLC. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Paros Films LLC, which results in damage to or loss of any videotape footage or photographs, Client shall be entitled to the following: a percentage reduction in the price of the video package, based upon the amount of actual tape-time which has been damaged, lost or not captured. Client would then receive the final product, containing the footage from the Event, which was captured, not lost or damaged. Footage from Event will be kept on a hard drive for a limited time after completion of final product as set forth in paragraph 8. Paros Films, LLC shall provide written notice to Client prior to any destruction of the footage.
5. PAYMENT: The payment schedule will be as follows: 50% of balance due to reserve the event date. Final balance of 50% due at least two week prior to the event. Should any check fail to clear the account against which it is drawn (for any reason, including insufficient funds), Client shall pay an additional fee of $35.00. Booking of Paros Films LLC is not guaranteed until 50% of the balance is received. Payment is non-refundable except as set forth in other sections of this agreement. (See invoice for breakdown of fees) If Client would like to add additional hours or if Paros Films LLC must stay at Event later than the agreed upon hours in the package, Client will be charged the hourly rate.
6. CHANGE IN PACKAGE SELECTION: Client may upgrade Client’s package selection at any time until the day of the event. However, under no circumstances shall Client be permitted to change its selection to a lower-priced package.
7, A. ASSIGNMENT CANCELLATIONS: If Client cancels the Event for any reason up to two weeks prior to the Event Paros Films LLC may keep the deposit as liquidated damages and Client shall have no further obligation to Paros Films, LLC., If written notice of cancellation by Client is given less than two (2) business days before the Event, Client will be charged 100 percent of the balance.
7, B. ASSIGNMENT POSTPONEMENTS: Client shall provide 90 days written notice to Paros Films, LLC in the event that the Client chooses to change the date of the Event. In case of a personal preference change in the date of the Event, Paros Films LLC shall make all reasonable efforts to accommodate the change. Unless otherwise agreed in writing, Client will be charged a 50 percent fee if a personal preference postponement in date occurs less than 90 days before the Event. However, if no mutually agreeable new date can be determined, both parties reserves the right to terminate the Agreement under the terms of this clause with Paros Films, LLC returning any non-refundable portion of the fee to Client.
8. COMPLETION OF FINAL PRODUCT: The entire editing process, from time of scheduling to receipt of the final product is normally 12 to 14 weeks, at which time Client will receive the final product of the Event. Raw footage from Event will be kept on a hard drive for a limited time after completion of final product. Paros Films, LLC shall provide written notice to Client prior to any destruction of the footage.
9. VENUE, ATTORNEY’S FEES AND APPLICABLE LAW: The validity and interpretation of this Agreement shall be construed in accordance with the laws of the State of Georgia. Any court action to enforce this Agreement, or relating or arising out of this Agreement or the services provided by Paros Films LLC shall be brought in a court of competent jurisdiction in the County of Bulloch, State of Georgia. In any action, arbitration or other judicial, quasi-judicial or extra-judicial proceeding related to any dispute arising from this Agreement, each party to this Agreement shall bear their own attorneys’ fees. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be severable from the remainder of this Agreement and the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Unless otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, beneficiaries, successors and assigns. Each party represents that all required authorizations for its execution of this Agreement necessary to make this instrument binding in accordance with its terms against such party have been obtained and are in effect.
10. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that Paros Films LLC may use images from Client’s event after consultation with Client for promotional videos made by Paros Films, LLC for exhibition to other potential clients of Paros Films LLC only.
11. MODIFICATIONS: This written and signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided by Paros Films LLC in connection with the Event. It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth above. If either party to this Agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought.
12. CREATIVE CLAUSE: It is understood that Paros Films LLC is the exclusive official videographer retained by the Client to cover this event. Paros Films LLC is granted full editorial, production and content control by the Client regarding all aspects of the production and post-production services. In the case a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master tape, it is at the sole discretion of Paros Films LLC as the exclusive Producer of the event’s video recording. If something occurred at the event that Client does not want to appear on the final edited videotape, the Client must instruct Paros Films LLC in writing with-in two weeks after the event’s recording. Any requests for changes to the final edited master video, that are not the result of errors by Paros Films LLC will be made at the current rate per hour for editing and labor. Paros Films LLC cannot guarantee video or audio quality due to restrictions imposed at and/or by the event location. Because the videographers cannot interrupt or interfere with the ceremony in any way to correct less than satisfactory shooting conditions, the Client shall insure the placement of the bridal party, officiant(s) and altar decorations does not obscure or block the view of the bride and groom. We are not responsible for shots that are missed or omitted because of videographer being blocked. Paros Films LLC retains the exclusive right to edit all video footage.
13. MUSIC LICENSING: Paros Films LLC licenses all music from the website Musicbed.com. The package price includes the synchronization license of up to 4 songs per film. If Client would like to license a song outside of the Musicbed.com library, Client will be responsible for any additional licensing costs. If Client has a preference of song usage in the Highlight Film, Client will need to let Paros Films LLC know in writing within one week after the Event and choose a song from the “Freelance” subscription on Musicbed.com.
14. COPYRIGHT: The copyright of edited video(s) and footage remains with Paros Films LLC. The video(s) created by Paros Films LLC are for personal use by the Client, their friends, and their relatives. Reproduction or distribution of this copyrighted work is illegal.
15. LIVESTREAM: Due to the unpredictable nature of Wifi and internet speeds at various venues, there is no guarantee of quality for live-streaming events. In the event that there is inadequate internet speeds or cellular service, the ceremony will be captured in real-time, then immediately uploaded to the couple’s live-stream site. This can take up to 24 hours to be completed.